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...

Probate will‑validity counterclaims: application/fee and leave to add non‑parties

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Q&As

Background

Part 20 exists to ensure counterclaims and other additional claims are handled in the most practical and efficient way (CPR 20).

Claim

The route for any counterclaim varies according to whether proceedings are under Part 7 or Part 8. A probate claim must be started under the Part 7 procedure (CPR 57.3(b)). For Part 57 purposes, a ‘probate claim’ covers an application for a decree affirming or denying the validity of a purported will (CPR 57.1(2)(a)(iii)).

Counterclaim

Where a defendant maintains that they have any claim concerning the grant of probate of the deceased person’s Will, they must advance that position by serving a counterclaim (CPR 57.8(1))...

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Web page updated on 27/05/2026

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