INTRODUCTION

The present chapter examines, first of all, counterclaims made by the defendant against the claimant, especially if these exceed the value of the main claim. Secondly, set-off will be explained. This is a complex body of law, the essence of which is the possibility that a money action might be met successfully by a counter-plea that the claimant owes the defendant a sum of money, and that these cross-claims should result in an action for the ‘balance’ or ‘difference’.

COUNTERCLAIMS AND OTHER ‘ADDITIONAL CLAIMS’ UNDER PART 20

‘Additional claims’ under Part 20 cover a wide class of claims collateral to the main claim, notably: (i) counterclaims by defendants against claimants or against a claimant and another; (ii) claims by defendants against any person (whether or not already a party) for contribution, or an indemnity; or (iii) for some other remedy. In general, an additional claim under Part 20 must be treated as though it were a primary claim. The party bringing an additional claim is known as an ‘additional claimant’: this party cannot be the main claimant. However, the rules add special qualifications concerning service, case management, admission, and default judgment, and these detailed provisions must be studied closely. Service of an additional claim under Part 20 on a person renders him henceforth a party to the proceedings. ‘Additional parties should be referred to in the title to the proceedings in accordance with the order in which they are joined to the proceedings, for example, “Third Party” or “Fourth Party”, whatever their actual procedural status.’

This topic can be summarised in three propositions: