Jurisdiction(s):
United Kingdom

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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...

Part III LTA 1987 acquisition order: counterclaim or separate?

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Q&As

compulsory acquisition of landlord’s interest by tenants of flats

Under Part III of the Landlord and Tenant Act 1987 (LTA 1987), qualifying long-lease flat owners may compel transfer of the landlord’s interest to a nominated person where:

the landlord has breached duties to repair, maintain, insure or manage the building; or
the building has been managed for at least two years by a manager appointed under LTA 1987, Part II.

For criteria and procedure for an acquisition order, see Practice Note: Compulsory acquisition of landlord’s interest by tenants of flats.

When deciding to bring an acquisition order as a standalone claim or within a defence and counterclaim, cpr 20.9 applies. The court considers whether to permit an additional claim, dismiss it, or require it be determined separately from the claimant’s claim.

Factors may include:

the connection between the additional claim and the claimant’s claim against the defendant;
whether the additional claimant seeks substantially the same remedy another party seeks from them; and
whether the additional claimant asks the court to decide any issue connected with the subject matter of the proceedings.

For guidance, see Practice Note: Counterclaim (Part 20 claim), defence to counterclaim and reply to defence to counterclaim...

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Web page updated on 27/05/2026

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