Reply to defence and defence to counter-claim

[mk_ll]

Hello,

 

I am in the process of obtaining a judgement on debt. The Defendant has decided to defend the claim (most of which is false) and submit a counter-claim. I am about to submit my allocation form. Under the Civil Procedure Rules, I see that I can submit a "Reply to defence" and a "Reply to defence and counter-claim".

 

Do these form two separate documents or one?

 

Referring to 3.2 in the practise direction 15 of the CPR:

 

3.2

 

Where a claimant serves a reply and a defence to counterclaim, the reply and defence to counterclaim should normally form one document with the defence to counterclaim following on from the re

 

 

 

Is the "Reply" the "Reply to the defence", ie when the CPR refers to "Reply and defence to counterclaim" does it mean "Reply [to the defence] and defence to counterlcaim"?

 

Thanks

 

mkll

[silverfox1961]

Hi,

Can't really help but I'll move this thread to the Legal Issues section where you should get a bit more help.

[pt2537]

no they form one document

 

the reply to defence comes first, then the Defence to counter claim follows

 

you would normally set out a subheading for the Defence to counterclaim