Jurisdiction(s):
United Kingdom

Key definition

Counterclaim definition

What does Counterclaim mean? In civil litigation, a counterclaim is the defendant’s own claim against the claimant, brought within the same proceedings so the court can determine both sides’ claims together. It commonly seeks damages, declarations, set‑off (including equitable set‑off) or other relief, and may reduce or exceed the value of the claimant’s claim. Across the UK and Ireland the concept is broadly consistent, though procedure is rule‑based rather than statutory. In England & Wales and Northern Ireland, court rules treat a counterclaim as an “additional claim” (for example, under CPR Part 20). A defendant may usually counterclaim against the claimant without...

CPR guidance on replies to defences and defences to counterclaims: content, timing, default judgment, amendments and court-specific requirements (England and Wales)

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Practice notes

This Practice Note

Offers guidance on how to interpret and apply the relevant parts of the Civil Procedure Rules (CPR). According to the court handling the proceedings, you may need to observe further requirements—see: Court specific guidance for more detail. The note addresses how to respond to a defence, a Counterclaim, or a combined defence and counterclaim. It covers any replies to the defence, defences to any counterclaim, and replies to a defence to counterclaim. Read this alongside Practice Note: Drafting statements of case, which explains the general approach to drafting statements of case, including formatting rules, the necessity for a statement of truth, and the electronic submission of statements of case. For guidance on responding to any additional claims other than a counterclaim (such as claims for a contribution or indemnity), refer to Practice Note: Making and responding to an additional claim under CPR 20—claims for a contribution, indemnity or other remedy, more specifically the relevant sections: Responding to an additional claim and Case management of claims for a contribution, indemnity or other remedy. For information on the contents of, and time limits and deadlines for, filing statements of case within the scope of the shorter trials scheme operating...

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Web page updated on 21/05/2026

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