Search site
Call our office
Make an enquiry
In some cases, the defendant in a debt claim may believe they are the ones who have suffered loss, and may respond by issuing a counterclaim against the original claimant. At Franklins Solicitors, we guide clients through both the defence of claims and the preparation and defence of counterclaims, ensuring the strongest possible position is taken at every stage.
A counterclaim is a legal response made by a defendant who believes they are entitled to compensation from the claimant. Rather than simply defending against a claim, the defendant is actively seeking redress, for example, where they allege that:
If a counterclaim is submitted, the original claimant must respond with a formal defence to counterclaim within 14 days of service. This is a critical step in the process, and failing to respond can result in the court awarding default judgment in favour of the defendant.
We support clients with:
An effective counterclaim will clearly set out:
Counterclaims can significantly alter the course of proceedings. They often introduce new legal issues and may increase the complexity and cost of the case. Whether you are responding to a counterclaim or issuing one, seeking experienced legal support can help you avoid procedural pitfalls and ensure your case is properly argued.
Whether you’re defending a claim or preparing a counterclaim of your own, we’re here to help. With deep experience in debt recovery litigation and commercial disputes, Franklins Solicitors can guide you through every stage with clarity and confidence.
A counterclaim may be filed in the instance where the original defendant wishes to sue the claimant because they have suffered damages. For example, an invoice wasn’t paid because goods supplied were faulty and this resulted in costs incurred.
The purpose of a counterclaim is to give the defendant the ability to counter sue the claimant for loss or damages.
As part of the defence, a counterclaim can be issued if the defendant feels they have a money claim against the claimant.
The details included in a counterclaim are the names of the parties involved, the key dates and timelines and a statement setting out the facts and evidence that support the counterclaim.
An effective counterclaim acknowledges the original claim, addresses the arguments made in the original claim and provides examples, proof or evidence that demonstrates why the original claim shouldn’t succeed and why a counterclaim is appropriate.
If you have any questions about counterclaims, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
