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Civil Procedure Rules deadline

CPR counterclaim-with-defence deadline guide

A defendant may make a counterclaim without the court’s permission if it is filed with the defence. There is no independent fixed counterclaim period: the relevant date is the applicable defence deadline.

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Rule reviewed

At a glance

What this source guide covers

Period
With the defence, unless the court gives permission later
Trigger
The applicable deadline for filing the defence
Direction
Follow the correct defence route
Counting method
First establish the defence deadline, including any acknowledgment of service, extension agreement, order or service issue. Rule 20.4 does not create a separate fixed counterclaim date.

Cited source guide

Check the rule before calculating a date

This route has a real deadline question and a current primary source, but it needs facts or time-counting treatment the existing calculator cannot faithfully collect yet. It deliberately does not generate a date.

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Worked check

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Example input
03/08/2026

Start with 03/08/2026 as the the applicable deadline for filing the defence. The calculator applies first establish the defence deadline, including any acknowledgment of service, extension agreement, order or service issue. rule 20.4 does not create a separate fixed counterclaim date. and any final-day treatment follows the applicable defence calculation and court-closure rule, not a new part 20 period. before it shows the cited output and the checks that may change it.

Calculation basis

How the date is counted

First establish the defence deadline, including any acknowledgment of service, extension agreement, order or service issue. Rule 20.4 does not create a separate fixed counterclaim date.

Any final-day treatment follows the applicable defence calculation and court-closure rule, not a new Part 20 period.

Check before use

Exceptions and matter facts

  • A counterclaim filed at another time needs the court’s permission under CPR 20.4(2)(b).
  • A counterclaim against a person other than the claimant has a different Part 20 route. Check whether an additional party is involved.

Check this rule before using it

Deadline Engine is calculation software, not legal advice. Check the current rule, any order and the facts before adding a date to your diary.