The Defendant and additional claims — overviewBefore making an additional claim

A defendant may require the permission of the court prior to making an additional claim. The Civil Procedure Rules set out the procedure to follow in making an application for permission. The court will decide whether the additional claim should be part of the existing claim or dealt with separately.

Making a counterclaim

A defendant can make a counterclaim against a claimant or another person. An order of the court will be required to add another person as an additional party. An application for such an order may be made without notice. The Civil Procedure Rules set out the procedure to follow when making a counterclaim or applying for permission to make a counterclaim.

A counterclaim is generally set out in the same document as the defence.

Making a claim for contribution, indemnity or other remedy

A defendant who has filed an acknowledgement of service or a defence may make an additional claim for a contribution or indemnity against a person who is already a party to the proceedings.

• A contribution is a party's right to recover from a third person all or part of the amount which he is liable to pay. An order of the court will be required to add the other person as an additional party. An application for such an order may be made without notice.

• An indemnity is a party's right to recover from a third party the whole amount which he himself is liable to pay.

Such claims can be made against a co-defendant or a third party. The procedure to seek permission and to make such a claim is set out in the Civil Procedure Rules and differs depending on whether the claim is against a co-defendant or a third party. A defendant may require the permission of the court to make such a claim; this depends upon when the claim is made.