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Rule 66.4 Counterclaims, other additional claims, and set-offF1F6

(1)

In a claim by the Crown for taxes, duties or penalties, the defendant cannot make a counterclaim or other F2additional claim or raise a defence of set-off.

(2)

In any other claim by the Crown, the defendant cannot make a counterclaim or other F3additional claim or raise a defence of set-off which is based on a claim for repayment of taxes, duties or penalties.

(3)

In proceedings by or against the Crown in the name of the Attorney-General, no counterclaim or other F4additional claim can be made or defence of set-off raised without the permission of the court.

(4)

In proceedings by or against the Crown in the name of a government department, no counterclaim or other F5additional claim can be made or defence of set-off raised without the permission of the court unless the subject-matter relates to that government department.

Annotations

Textual amendments

F1

Pt. 66 inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rule 1(c), Sch. 2

F2

Word in rule 66.4(1) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 35(2)(b)

F3

Word in rule 66.4(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 35(2)(c)

F4

Word in rule 66.4(3) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 35(2)(d)

F5

Word in rule 66.4(4) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 35(2)(e)

F6

Word in rule 66.4 heading substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 35(2)(a)

Notes on Part 66

Textual amendments

F2

Word in Pt. 66 Table of Contents substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 35(1)