What is a Part 20 counterclaim?

• A. A claim by the claimant against the defendant in a different case.
• B. A secondary claim brought by the defendant against the claimant in the same proceedings.
• C. A counterclaim by the claimant against a third party.
• D. A cross-claim by a co-defendant.

Answer: (B)

A Part 20 counterclaim is a secondary claim brought by the defendant against the claimant within the same set of proceedings under Part 20 of the Civil Procedure Rules. It arises out of the same facts or dispute as the claimant’s claim and is pleaded in the defendant’s defence so it can be heard together with the main claim in one action. This setup promotes efficiency by resolving related disputes in a single suit, rather than spawning a new, separate case.

This differs from a claim the claimant makes against someone else in a different case, a third party claim by the claimant against a new party, or a cross-claim by a co-defendant against another defendant. Those scenarios involve separate actions or different parties, not a counterclaim by the defendant against the claimant within the same proceedings.