Rule 20.4 Defendant’s counterclaim against the claimantF1

(1)

A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

(2)

A defendant may make a counterclaim against a claimant—

(a)

without the court’s permission if F2the defendant files the counterclaim with the defence; or

(b)

at any other time with the court’s permission.

(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).

(3)

Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

Annotations

F1: Pt. 20 substituted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rule 1, Sch. 1
F2: Words in rule 20.4(2)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 13(2)