Counter-claim in UK civil court: when to bring one and how

You are a defendant in a civil case. The claimant says you owe them money or breached a contract. But you have your own claim against them. Perhaps they owe you money too, or you have grounds to sue them. Rather than defend and then sue separately, you can raise your own claim within the same court action. That is a counter-claim.

This guide explains what a counter-claim is, when you should bring one, how to plead it, what it costs, and how it affects the court's decisions about jurisdiction and case management.

The short version

A counter-claim is your own claim against the claimant, raised as part of your defence within the same proceedings. You file it on the same response form as your defence. It counts as a separate claim for fee purposes. If the combined value of the original claim and counter-claim pushes you into a higher court track, allocation may change. Counter-claims are governed by Civil Procedure Rules Part 20, and you must file with your defence by day 28 unless the court grants permission.

At a glance: counter-claim versus set-off versus separate claim

What a counter-claim is

A counter-claim is a claim you bring against the other party within the same civil proceedings. It is a separate cause of action, meaning it arises from a different fact, breach, or agreement than the original claim against you. Once you file a counter-claim, both claims proceed through the court together unless a judge orders otherwise.

The key feature of a counter-claim is that it exists within the same case. You do not start new proceedings; you simply add your claim to the existing case number.

Example: A building contractor sues you for unpaid invoices. You were unhappy with the work and believe the contractor failed to complete the job to the standard agreed. You can counter-claim for the cost of remedial works or breach of contract, rather than defending passively and then suing separately later.

When to bring a counter-claim

You should consider a counter-claim if:

• You have a genuine cause of action against the claimant. You must have a real claim, not simply a defence or grievance. The counter-claim must be grounded in law: a breach of contract, negligence, breach of duty, or another tort or breach recognized by English law.

• The claim arises from the same transaction or series of transactions. Counter-claims work best when they are connected to the same facts as the original claim. If your claim is entirely unrelated, you may still bring it, but the court has discretion to order it separated into different proceedings.

• You want to avoid delay and cost. Raising a counter-claim within the same case is usually faster and cheaper than starting fresh proceedings. You share court fees, evidence, and timetables.

• You want to recover your losses in one judgment. A single judgment can be cleaner than multiple awards, especially if one party owes you and you owe them.

• Your claim is of comparable value. If your counter-claim is for only a small amount and the original claim is large, the court may still allow it, but consider whether it justifies the additional cost.

Do not bring a counter-claim if you are simply trying to avoid paying the claimant. A counter-claim must be a genuine claim, not a tactical delay.

Set-off versus counter-claim: the key distinction

Many defendants confuse set-off with counter-claim. They are different.

A set-off is a defence. You say to the court: "I admit I owe the claimant money, but the claimant also owes me money. Let me deduct what they owe from what I owe." The result is that the claimant recovers less, or nothing, depending on the amounts. You raise a set-off by adding it to your defence. No separate court fee applies.

A counter-claim is a claim. You say to the court: "I do not just want to reduce what I owe. I want to win my own judgment for the full value of my claim against the claimant." The claimant must defend against your counter-claim just as you defend against theirs. A court fee applies because you are bringing a new claim.

Example of set-off: A customer buys goods from a supplier for GBP 5,000. The customer does not pay. The supplier sues for GBP 5,000. The customer was already overcharged by GBP 2,000 for faulty goods on a prior order. The customer sets off the GBP 2,000 against the GBP 5,000 claim. The supplier recovers GBP 3,000.

Example of counter-claim: Same facts, but the customer wants to claim not only the GBP 2,000 overcharge, but also GBP 3,000 in damages for lost sales caused by the faulty goods. The customer counter-claims for the full GBP 5,000. The supplier must defend, and the court will award judgment on whichever side has the stronger case. The customer might win the full GBP 5,000, or the parties might both lose some and recover some.

In practice, you can plead both. You can say "alternatively, I set off GBP 2,000, or in the further alternative, I counter-claim for GBP 5,000." The court will assess both and award the outcome that gives the fairest result.

How to plead a counter-claim on form N9B

Form N9B is the defence and counterclaim form used in the County Court. This is the document you file with the court after receiving a claim.

Steps to plead your counter-claim on N9B:

1. Complete the defence section first. Explain why the claimant's claim against you is wrong or why you do not owe what they claim.

2. In the counterclaim section, set out your claim. Use the same format as if you were writing particulars of claim:

   • State the facts that give rise to your claim.
   • Explain the breach, negligence, or wrongdoing.
   • Quantify your loss or damage.
   • Cite the legal basis (contract, tort, statute).

3. Be clear and specific. Vague allegations will be struck out. The claimant must understand exactly what you are claiming and on what grounds.

4. Set out your remedy. What are you asking the court to award? Money damages? A declaration? An injunction?

The N9B form itself provides space for both defence and counter-claim. If your counter-claim is complex or lengthy (more than a few hundred words), you may also file a separate document called a "Defence and Counterclaim" which accompanies the form.

Example of counter-claim pleading on N9B:

"The Defendant does not admit the allegations in the Claim. Further or alternatively, the Defendant counter-claims as follows. On 1 January 2025, the Claimant agreed to supply goods of a quality fit for purpose. The goods were delivered on 15 January 2025 and were defective. The Defendant incurred costs of GBP 2,000 in remedial work. The Claimant is in breach of the Sale of Goods Act 1979 section 14. The Defendant claims GBP 2,000 plus interest."

Court fee for counter-claim

A counter-claim is treated as a separate claim for fee purposes. You must pay a court fee when you file your defence and counter-claim, in addition to any fee the claimant paid.

The fee is based on the value of your counter-claim, using the same scale as a standard claim. As of 2026:

• Up to GBP 300: GBP 50
• GBP 300 to GBP 1,000: GBP 110
• GBP 1,000 to GBP 3,000: GBP 205
• GBP 3,000 to GBP 5,000: GBP 455
• GBP 5,000 to GBP 10,000: GBP 585
• GBP 10,000 to GBP 50,000: GBP 910
• GBP 50,000 to GBP 100,000: GBP 1,455
• GBP 100,000 to GBP 200,000: GBP 1,910
• GBP 200,000 to GBP 500,000: GBP 3,000
• Over GBP 500,000: GBP 5,000

If you cannot afford the fee, you can apply to the court for a fee remission or deferral.

Allocation impact: combined value may push to a higher track

The County Court operates three tracks: small claims (up to GBP 10,000, or GBP 50,000 for personal injury), fast track (GBP 10,000 to GBP 25,000), and multi-track (over GBP 25,000).

When you file a counter-claim, the court adds the value of your counter-claim to the value of the original claim to calculate the total value in dispute. This combined value may push the case into a higher track.

Example: A claimant sues you for GBP 8,000 (small claims track). You counter-claim for GBP 4,000. The combined value is GBP 12,000, which moves the case into the fast track. Both claims will now follow fast-track procedures: stricter disclosure limits, shorter trial windows, and different evidence rules.

This has consequences:

• More rigorous procedure. Small claims have relaxed rules to keep costs down. Fast track and multi-track impose stricter requirements.
• Higher costs. You may incur more in legal fees and expert witnesses.
• Longer timeline. Small claims can be resolved in months; fast track takes six to nine months; multi-track can take years.
• Different trial rules. Small claims trials are informal; fast track has stricter evidence rules and time limits.

You should consider this before filing a counter-claim. If the combined value will push you into a track that is more expensive or complex than you can afford, it may be better to defend the original claim and pursue your own claim separately.

However, the court has discretion. If your counter-claim is genuinely related to the original claim and the combined value is borderline, the court may order that both claims remain in the lower track or be split into separate proceedings.

CPR Part 20 explained

Civil Procedure Rules Part 20 governs additional claims. A counter-claim is one type of additional claim; others include claims against a third party (third-party proceedings) and claims between co-defendants.

The key rules under Part 20 are:

• Permission required after day 28. You must file your counter-claim with your defence by day 28. If you have not done so by then, you need the claimant's consent or the court's permission to file it later. Permission will be granted only if there is good reason (e.g. you only discovered the claim after day 28) and the claimant will not be unfairly prejudiced.

• Same timetable as the original claim. Once your counter-claim is filed, it proceeds on the same timetable as the original claim. The claimant must file a defence to your counter-claim, and the case will progress through disclosure, evidence exchange, and trial as a single action.

• The court can order separation. If your counter-claim is unrelated to the original claim or if allowing it would cause unfair delay or prejudice, the court can order that it be struck out or tried separately. However, courts prefer to resolve all disputes between parties in one action if practicable.

• Additional claims against third parties. If your counter-claim involves a third party who is not already a party to the action, you will need to issue a third-party notice (Form N211) to bring them in. This is a separate procedure that takes slightly longer and incurs an additional fee.

Counter-claim against third party

Sometimes your counter-claim cannot be pursued against the claimant alone. You may need to bring in a third party, such as an insurer, a sub-contractor, or a guarantor.

To do so, you issue an additional claim (third-party notice) under CPR Part 20, using Form N211. The third party then becomes a defendant in the action.

When you might use a third-party notice:

• You are being sued by a claimant, but the true wrongdoer is a third party (e.g. the claimant's insurer or a sub-contractor).
• You have a right of contribution or indemnity against a third party if you lose.
• The third party's conduct contributed to the loss.

Filing a third-party notice incurs an additional fee (currently GBP 110 for claims up to GBP 1,000) and extends the timetable slightly. The third party must be served and given time to respond.

Courts allow third-party notices but expect them to be used sensibly. If you are simply trying to pass the buck or drag in parties to complicate matters, the court may strike out the notice.

Time limits: file by day 28, otherwise seek permission

You must file your counter-claim with your defence by day 28 from service of the claim. This is a hard deadline unless:

• You have the claimant's written consent to file later, or
• You apply to the court for permission to file late.

If you miss the day 28 deadline and do not have consent, you will need to convince the court that:

• There is a good reason for the delay (e.g. you only became aware of the claim recently, or you needed time to obtain professional advice).
• The claimant will not be unfairly prejudiced by the late counter-claim.
• It is in the interests of justice to allow it.

Courts are sometimes lenient with litigants in person (people representing themselves), but they will not excuse laziness or tactical delay. Once you know you have a potential counter-claim, start working on it immediately.

Strategy considerations: counter-claim or negotiate or separate proceedings?

Before filing a counter-claim, ask yourself:

Should I counter-claim?

• If your claim is genuinely connected to the original claim and of similar value, a counter-claim keeps matters efficient and cost-effective.
• If your claim is strong and the claimant's claim is weak, a counter-claim may strengthen your position. The claimant now faces risk of losing and owing you money.

Should I negotiate?

• Before filing a counter-claim, consider whether you can settle both claims through negotiation. Many cases settle before trial, and settlement saves court time and costs for both sides.
• A settlement offer can include dropping the counter-claim in exchange for a reduced amount on the original claim, or other terms.

Should I pursue a separate claim instead?

• If your claim is unrelated to the original claim, start a separate action. Procedurally, this is cleaner and may be faster.
• If your claim is very large, starting a separate claim may avoid pushing the original case into a higher, more expensive track.
• If you are unsure about the strength of your claim, starting separately allows you to test it without the pressure of defending the claimant's case simultaneously.

Day to day: procedure after counter-claim filed

Once you file your defence and counter-claim:

1. Service and acknowledgement. The claimant receives your N9B form and counter-claim and has 14 days to acknowledge service of the counter-claim (though they already acknowledged the original claim).

2. Defence to counter-claim. The claimant has 28 days from service of the counter-claim to file a defence to your counter-claim. This is in addition to any defence they have already filed to your defence.

3. Allocation questionnaire. Both you and the claimant will receive an allocation questionnaire asking about the disputed facts, witnesses, evidence, and costs estimates. The court uses this to decide which track the case will follow. You should be honest about the complexity and value of both the claim and counter-claim.

4. Allocation decision. The judge decides which track the case will follow based on the combined value and complexity. The timetable may change as a result.

5. Disclosure. Both parties exchange documents relevant to both the claim and counter-claim.

6. Witness evidence and expert reports. Parties serve witness statements and, if permitted, expert reports on both the claim and counter-claim.

7. Trial or settlement. The case proceeds to trial, or both sides settle. At trial, both the claim and counter-claim are heard together, and the judge awards judgment on both.

Common misconceptions

Misconception 1: "A counter-claim is just a defence." No. A defence explains why you do not owe money. A counter-claim is a claim for money or other remedy from the claimant. They are different.

Misconception 2: "I can counter-claim even if I do not have a valid legal claim." No. A counter-claim must be grounded in law. A grievance, even a legitimate one, is not enough if it does not amount to a breach of contract, tort, or other legal wrong.

Misconception 3: "Counter-claiming will annoy the judge and hurt my defence." If your counter-claim is genuine and well-pleaded, it should not prejudice your case. However, if it is frivolous or tactical, a judge may strike it out and order you to pay the claimant's costs.

Misconception 4: "I can counter-claim for any amount, and the fee is the same." No. The court fee for your counter-claim is based on the value you claim. You must be realistic and honest about your loss or damage.

Misconception 5: "If I counter-claim, the claimant must drop their claim." No. Both claims proceed. The court will decide on both unless the parties settle.

Related concepts

• Defence: how to respond to a civil claim
• Set-off in civil proceedings
• Third-party notice and additional claims (CPR Part 20)
• Allocation to track: small claims, fast track, multi-track
• Court fees in civil claims
• Discovery and disclosure in civil cases
• Settlement and mediation in civil disputes

Sources

• Civil Procedure Rules Part 20 (Additional Claims): https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20
• HM Courts and Tribunals Service: Respond to a court claim: https://www.gov.uk/respond-county-court-claim
• Citizens Advice: Going to court: https://www.citizensadvice.org.uk/about-us/our-work/policy/policy-research-topics/dispute-resolution-policy-research-and-consultation/dispute-resolution/

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.

This page provides information about UK counter-claims in civil court. It is not legal advice. For advice about your specific case, consult a solicitor or barrister.