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View the related checklists about Counterclaim

Claimant receiving a defendant's Part 36 offer—checklist

Claimant receiving a defendant's Part 36 offer—checklist This Checklist on receiving a Part 36 offer identifies the key factors that a claimant should consider on receipt of a defendant’s Part 36 offer. Consideration Guidance Further information Relevant period The claimant should calculate the date when the relevant period expires for accepting the defendant’s Part 36 offer, which must be no less than 21 days from when the Part 36 offer was served (CPR 36.5(1)(c)).It is important to note this date because there may be costs consequences for late acceptance of the defendant’s Part 36 offer. There may also be costs consequences if the defendant’s Part 36 offer is not accepted and the claimant fails to obtain a judgment that is more advantageous than the defendant’s Part 36 offer (CPR 36.17(1)(a)). For further information, see Practice Notes: Part 36 offers—how to make a valid Part 36 offer—The relevant period (minimum 21 days) and Part 36 offers—costs consequences of rejection or non-acceptance—Costs consequences—claimant not accepting a defendant's Part 36 offer. Validity...

Fixed costs (position on or after 1 October 2023)—checklist

Fixed costs (position on or after 1 October 2023)—checklist This Checklist provides guidance on the key points to consider under the extended fixed recoverable costs (FRC) regime. The extended FRC regime applies to most civil cases that are issued on or after 1 October 2023 where the value of the claim does not exceed £100,000. Generally speaking, cases that come within the FRC regime with a value not exceeding £25,000 will be allocated to the fast track (FT) and cases with a value exceeding £25,000 but no more than £100,000 will be allocated to the multi-track (MT). However, it should be noted that claim value is not the only factor that is taken into account at the allocation stage as the court will consider other factors, which are set out under CPR 26.13 such as the likely complexity of the facts, law or evidence as well as the number of parties or likely parties to the claim. Consideration Guidance Further information Cases that come within the FRC regime FRC...

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UK trade mark infringement action—flowchart

UK trade mark infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Trade mark infringement—UK • Trade mark offences • Trade mark and passing off disputes—a practical guide • Trade mark infringement and interim injunctions • How to run an IP dispute • Privilege and intellectual property • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before action—Practice Notes • Trade mark infringement—UK • Trade mark and passing off disputes—a practical guide • Unjustified threats of intellectual property right infringement • How to draft a letter of claim in an IP dispute Letter alleging trade mark infringement—Precedent • Letter of claim—trade mark infringement Stage 3—commencing proceedings Commencing...

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Making an additional claim under CPR 20—counterclaim

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance.CPR 20 and CPR PD 20 set out the process whereby a party can bring an ‘additional claim’, which includes a counterclaim (CPR 20.2). This Practice Note considers when a counterclaim can be made by a defendant against the claimant or a new party and how this is achieved. It also considers how to respond to a counterclaim (the defence to counterclaim and any reply to defence to counterclaim) and the impact of a counterclaim on case management.This Practice Note should be read in conjunction with Practice Note: Counterclaims and additional claims under CPR 20—initial considerations and permission, which gives guidance on the factors to consider before making an additional claim and which sets out:•how the CPR defines an additional claim—see: What is an ‘additional claim’ and when might a party...

Adjudication—resisting enforcement using set-off or counterclaim

Produced in association with 4 Pump CourtThe courts have repeatedly held (see eg Ferson Contractors v Levolux) that the policy behind the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) is that adjudication decisions should be enforced—to allow parties to resist enforcement by raising set-off arguments would frustrate that purpose. As such, a party who is ordered to pay money in an adjudicator’s decision must pay in full without deduction or set-off. Except in very limited circumstances, set out below, a separate contractual entitlement (such as to liquidated and ascertained damages (LADs)) cannot be used to resist enforcement of an adjudication decision.Parties seeking to set-off against an adjudicator's decision therefore face an uphill struggle. The court in Thameside Construction v Stevens said that there were broadly two exceptions to the usual rule: •there was a contractual right to set-off, or•there was a declaratory type decision by the adjudicator (for instance in relation to an entitlement in principle to LADs) that left room within the decision itself for a set-off...

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Facility letter (term loan): single company borrower—bilateral—unsecured

Facility letter (term loan): single company borrower—bilateral—unsecured [TO BE PRINTED ON THE HEADED PAPER OF THE LENDER] [insert name and address of borrower] [insert date] Dear [insert full name of borrower] We offer to place at your disposal a Sterling loan facility in the aggregate principal amount of £[insert amount in figures] ([insert amount in words] Sterling) [for the purpose of [insert details]] on the following terms and conditions: 1 Definitions 1.1 In this letter, unless otherwise provided: Base Rate • means the base rate of [the Lender OR [insert name of Bank]] for the time being and from time to time; Borrower • means [insert name of company], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address]; Business Day • means a day, other than a Saturday, Sunday or public holiday, on which banks are open for business in London; Commitment Expiry Date • means the earlier of the date falling [insert number]...

Tomlin order

Tomlin order Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] between: [insert name]        Claimant / [Applicant OR Respondent] and [insert name]        Defendant / [Applicant OR Respondent] _______________________________________ [ Draft ] tomlin order _______________________________________ [ Upon hearing the application of the [insert name of party or parties applying] by notice dated [insert date] OR Upon the trial of this claim] OR [ And upon reading the written evidence filed] And the parties having agreed to the terms set out in [the attached Schedule OR a [confidential] [schedule OR agreement] dated [insert date], copies of which are held by...

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Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure?

Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure? In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ)....

Where a counterclaiming defendant has paid security for costs into court and the costs have been paid, can any excess funds remaining in court be used to satisfy an unpaid judgment debt for damages against the counterclaiming defendant?

Where a counterclaiming defendant has paid security for costs into court and the costs have been paid, can any excess funds remaining in court be used to satisfy an unpaid judgment debt for damages against the counterclaiming defendant? Security for costs A claimant can take a commercial decision that it was not financially viable to bring a claim against the defendant, but a defendant does not have any choice about whether it was sued. Security for costs is a mechanism which is aimed at protecting a defendant when the court considers that there is a significant risk that the defendant will have no real prospect of recovering its costs if it is ultimately successful in its defence. This is to ensure protection and fairness for defendants. When considering whether to make an order for security for costs, the court will need to consider whether the conditions in CPR 25.13 have been satisfied. The order for security for costs is specific that the court is ordering the claimant to...

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Insurance & Reinsurance weekly highlights—8 May 2025

This week's edition of Insurance & Reinsurance weekly highlights includes: the case of Malhotra Leisure Ltd v Aviva Insurance Ltd; Greensill, Gupta get 2027 trial date over US$400m dispute; Regulatory costs claim 3.3% of insurance brokers revenue; cases and decisions; and key dates for your diary.

Restructuring & Insolvency weekly highlights—17 April 2025

This week's edition of Restructuring & Insolvency weekly highlights includes: the Court of Appeal’s judgment in respect of the Thames Water restructuring plan, an analysis of the Supreme Court’s rejection of an attempt to modify the fiduciary profit rule (Rukhadze v Recovery Partners GP Ltd), a discussion on directors’ duty to account (Official Receiver v Haq), examination of the High Court’s decision to dismiss an appeal to overturn judgment finding that a guarantor is personally liable for debts (Jones v City Electrical Factors Ltd), plus a round-up of other news and cases for restructuring and insolvency professionals.