What is a Counter-Claim?
A counter-claim is a legal claim you make in response to someone else taking you to court. If you are being sued or taken to court (known as the claimant bringing a claim against you), a counter-claim allows you to raise your own complaint against that person within the same case. Instead of simply defending yourself, you can ask the court to decide on your claim against the claimant at the same time.
For example, imagine a builder sues a homeowner for unpaid work. If the homeowner believes the work was not completed properly, they could file a counter-claim for the cost of fixing the builder’s mistakes. Both the original claim and the counter-claim would be considered together, saving time and avoiding the need for two separate court cases.
Counter-claims are governed by the Civil Procedure Rules 1998, Part 20, which set out how and when a counter-claim can be brought. These rules ensure that all related disputes between the parties can be settled in one set of proceedings, making the process more efficient and often reducing legal costs.
Using a counter-claim can be a practical way to resolve all issues between you and the claimant in one go. It can also strengthen your position in court, as it shows you are not only defending yourself but also have your own case to put forward.
If you are considering making a counter-claim, it’s important to understand your options for defending yourself against a claim as well. This will help you decide whether a counter-claim is the best approach for your situation, or whether another type of defence might be more suitable.
When Can You Make a Counter-Claim?
When Can You Make a Counter-Claim?
You can make a counter-claim when you believe the person or organisation taking legal action against you actually owes you something, or has caused you harm related to the same dispute. Counter-claims are a useful way to raise your own issues within the same court proceedings, rather than starting a separate case. This can save time, reduce costs, and ensure that all the relevant matters are considered together.
Common Situations for Counter-Claims
Counter-claims are most often used in civil cases, especially where both sides have grievances connected to the same set of facts. Typical situations include:
- Contract disputes: If someone sues you for not fulfilling a contract, you might counter-claim that they breached the contract first or failed to deliver what was promised. For more information on how these disputes work, see our guide to contract disputes and Contracts and Consumer Disputes.
- Personal injury claims: If you are being sued for causing an accident, but you believe the claimant was actually responsible, you may be able to counter-claim for your own losses.
- Purchase of faulty goods: If a business claims you owe money for goods or services, but those goods were faulty or not as described, you could counter-claim for a refund or compensation. Learn more about your faulty goods rights.
Examples of Counter-Claims
- You are sued by a builder for unpaid work. You believe the work was substandard and actually cost you more to fix. You could counter-claim for the cost of repairs.
- A customer sues you for late delivery, but you have not been paid for previous orders. You can counter-claim for the unpaid invoices.
- Your landlord sues you for rent arrears, but you have had to pay for urgent repairs they neglected. You may counter-claim for those repair costs.
Timing: When to Make a Counter-Claim
It is crucial to make your counter-claim at the right stage in the process. In most cases, you must include your counter-claim when you file your defence to the original claim. This is usually your first formal response to the court, and missing this stage can make it harder to raise your own claim later.
The rules about counter-claims are set out in the Civil Procedure Rules 1998, Part 20. These rules explain how and when to make a counter-claim, as well as what information you need to provide. For example, you must include details of your counter-claim in your defence, or serve them at the same time, so that both sides know exactly what issues will be decided by the court.
Practical Advice
- Gather evidence: Collect all documents, emails, contracts, photos, or receipts that support your counter-claim.
- Be specific: Clearly explain how the other party has wronged you, and what remedy you are seeking (such as compensation, a refund, or a declaration from the court).
- Act promptly: If you are unsure whether you have grounds for a counter-claim, seek advice quickly. Missing the deadline to file your defence can limit your options.
Counter-claims can be a powerful tool in resolving disputes fairly. If your situation involves issues like contract disputes or faulty goods rights, it’s worth exploring whether a counter-claim is right for you. For detailed legal rules, refer to Civil Procedure Rules 1998, Part 20.
How to Make a Counter-Claim
Making a counter-claim is a formal way to respond to a claim against you by stating that the claimant actually owes you money, or has otherwise wronged you. Here’s a step-by-step guide to help you understand how to make a counter-claim in the UK courts:
1. Prepare Your Defence and Counter-Claim Together
When you receive a claim against you, you must respond by filing a defence. If you believe you have a claim against the claimant, you can include a counter-claim as part of your response. Both your defence and your counter-claim should be submitted at the same time.
For an overview of the rules about submitting a defence, including deadlines and what must be included, see the official Civil Procedure Rules.
2. Follow the Correct Court Rules and Deadlines
It’s crucial to follow the court rules and deadlines when making a counter-claim. Missing a deadline or failing to provide the required information could mean your counter-claim is not considered by the court.
Counter-claims are governed by the Civil Procedure Rules 1998, Part 20, which set out the process and requirements. For example, Rule 15.4 explains the period for filing a defence, and Part 20 details what must be included when making an additional claim like a counter-claim.
3. What to Include in Your Counter-Claim Statement
Your counter-claim statement should clearly set out:
- The facts of your counter-claim (what happened and why you believe the claimant owes you);
- The legal basis for your counter-claim (for example, breach of contract or negligence);
- The amount of money or specific remedy you are seeking;
- Any supporting evidence, such as contracts, receipts, or correspondence.
Make sure your statement is detailed and accurate. The court will expect you to provide enough information for the claimant and the judge to understand your case.
4. Submitting Your Counter-Claim
You must file your counter-claim at the same time as your defence. This is usually done using the same response form provided by the court. In your response, there will be a section where you can set out your counter-claim. Make sure you include all relevant details and attach any supporting documents.
If you need more guidance on how to prepare and submit your defence and counter-claim, refer to the guidance on filing a defence.
5. After You File
Once you have filed your defence and counter-claim, the court will send a copy to the claimant. The claimant will then have an opportunity to respond to your counter-claim. The court may also set a date for a hearing, where both sides can present their cases.
Key Points to Remember
- Always check the Civil Procedure Rules 1998, Part 20 for the latest requirements on counter-claims.
- Make sure you understand the court rules and deadlines before you begin.
- Be clear and thorough in your counter-claim statement, providing all necessary details and evidence.
By following these steps and ensuring your counter-claim is properly prepared and submitted, you can make sure your side of the story is heard and considered by the court.
What Happens After You Make a Counter-Claim?
When you make a counter-claim in response to a claim against you, the court will typically deal with both the original claim and your counter-claim at the same time. This means that the judge will consider the facts and arguments for both sides together, ensuring a fair and efficient process. The rules that govern how counter-claims are handled can be found in the Civil Procedure Rules 1998, which set out the steps for managing these types of claims in court.
How the Court Handles Both Claims
After you submit your counter-claim, both you (the defendant/counter-claimant) and the original claimant will be given an opportunity to present evidence and arguments. The court will usually set a timetable for exchanging documents, witness statements, and any other necessary information. Both claims will be considered together at the same hearing, although in more complex cases, the judge may decide to split the proceedings.
Possible Outcomes
There are several possible outcomes once a counter-claim has been made:
- Settlement: Both parties may decide to settle the dispute out of court, either on their own or with the help of mediation. Settlement can resolve both the original claim and the counter-claim, saving time and costs.
- Judgment: If the case proceeds to a hearing, the judge will give a decision on both the original claim and the counter-claim. It is possible for one party to win on both counts, or for each party to succeed in part.
- Further Hearings: In some situations, the court may need more information or further hearings to fully resolve the issues. This could happen if the counter-claim introduces new facts or legal arguments that need to be explored.
Costs and Financial Implications
The outcome of both the claim and the counter-claim can affect who pays the legal costs. Generally, the losing party is ordered to pay the costs of the winning party, but this is at the judge’s discretion. If both sides win on different parts of the case, the court may decide to split costs or make a specific order depending on the circumstances.
If your case is being heard in the Small Claims Court, there are specific limits on what costs can be recovered. For more information on this, see Costs and Fees, which explains the limits that may apply when counter-claims are involved.
Understanding how recovering costs works is important, as it can have a significant impact on your financial position after the case is resolved. You should always consider the potential costs before making a counter-claim.
For a full explanation of the legal rules and court procedures, refer to the official Civil Procedure Rules 1998, which outline what happens after a counter-claim is made and how the court will manage your case.
Special Considerations for Counter-Claims
Special Considerations for Counter-Claims
While counter-claims can be used in many types of legal cases, there are special considerations to keep in mind depending on the nature of the dispute. Some cases – such as those involving divorce finances or claims against public bodies – have unique rules, time limits, and complexities that can affect how and when you make a counter-claim.
Counter-Claims in Divorce Financial Cases
If you are involved in divorce proceedings and your former spouse makes a financial claim against you, you may wish to file a counter-claim. For example, you might dispute their claim or seek your own financial order. It’s important to be aware that there are strict divorce financial time limits for making or responding to financial claims. Missing these deadlines could mean losing the right to make a counter-claim or defend yourself fully.
In addition, the court requires full and frank disclosure of financial circumstances from both parties. Counter-claims in these cases must comply with family law rules, which differ from the general civil procedure. This makes legal advice especially important to ensure your interests are protected.
Counter-Claims Against Public Bodies
Bringing a counter-claim against a government department, local council, or other public body involves additional legal requirements. These cases often fall under special rules set out in the Civil Procedure Rules (CPR) Part 20, which govern how counter-claims and additional claims are made in civil courts. There may be extra steps to follow, such as giving advance notice to the public body or complying with specific pre-action protocols.
Time limits can also be shorter or more strictly enforced in these cases. For a full overview of the procedures and requirements, you can refer to the claims against public bodies guide, which explains the process and what to expect when dealing with official organisations. You may also wish to review the Public Bodies section of the Civil Procedure Rules, which sets out the rules for claims involving public authorities.
Time Limits and Legal Requirements
Across all types of counter-claims, strict time limits and procedural rules apply. For example, in civil litigation, CPR Part 20 requires that counter-claims be made at the same time as your defence, unless the court gives permission for a later filing. If you miss a deadline or fail to follow the correct process, your counter-claim could be struck out or not considered.
It’s also important to note that some types of claims – such as those involving personal injury, defamation, or government bodies – have their own statutory limitation periods and procedural requirements. Always check the specific rules that apply to your situation.
The Importance of Legal Advice
Counter-claims can be complex, especially in cases involving family law, public bodies, or large sums of money. Getting the procedure wrong can have serious consequences for your case. For this reason, it’s wise to seek professional legal advice before making a counter-claim in any complex or high-value matter. A solicitor can help you understand the relevant Civil Procedure Rules (CPR) Part 20 and ensure your counter-claim is properly prepared and filed within the correct time frame.
If you’d like to learn more about the process or have specific questions about your circumstances, explore our guides on divorce financial time limits and claims against public bodies for further information.
Where to Get Help and More Information
When dealing with counter-claims, getting the right advice and support is essential. Legal matters can quickly become complex, and acting promptly gives you the best chance of protecting your interests.
If you’re unsure about your options or how to proceed, you may want to seek professional legal advice. Solicitors can help you understand whether a counter-claim is appropriate in your case, guide you through the paperwork, and represent you in court if necessary. If you’re worried about the cost of legal help, it’s worth reading about the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which explains who might be eligible for legal aid.
For practical guidance, the Citizens Advice website offers step-by-step help on making a small claim, which can also be useful for understanding the process of counter-claims in similar situations.
It’s important to know the rules that govern court procedures. The Civil Procedure Rules set out the legal framework for civil cases in England and Wales, including how and when to submit a counter-claim. Familiarising yourself with these rules can help you avoid mistakes and missed deadlines.
If you’re also looking for information on responding to a claim more generally, our page on how to defend a claim covers your options and the steps involved. For more detailed guidance on the process of filing a defence, you can read our dedicated section.
Key tips:
- Act quickly – there are strict time limits for submitting a counter-claim.
- Gather all relevant evidence and documents before responding.
- Read official guidance carefully, and don’t hesitate to ask for help if you’re unsure.
Taking early and informed action can make a significant difference to the outcome of your case. Explore the related topics above for more detailed support, or consult a legal professional if you need tailored advice.
