Penn Legal

Counterclaims

In certain circumstances the Defendant may also have a claim against the Claimant. If this is the case, then such a 'Counterclaim' should be filed and served with the Defence.

The Claimant will then have 14 days from receipt of the Defence to file and serve a Reply, if they so wish, and/or a Defence to the Counterclaim, if relevant.

Once this stage has been reached (known as the 'close of pleadings') the Court will then usually send out Allocation Questionnaires to all the parties to find out a little about the claim itself, including the length of time it is likely to take, the number of witnesses, whether an expert is needed etc. Once these questionnaires have been received, the Court will usually allocate the claim to one of the Tracks mentioned above and further referred to below.

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