--(1) A defendant who alleges that he has a claim or is entitled to a remedy against the claimant may file and serve a counterclaim, as well as filing and serving a defence.
--(2) There need be no connection between the claim and a counterclaim.
--(3) The defendant may make a counterclaim-
----(a) without the court's permission if he files and serves it at the same time as the defence; or
----(b) with the court's permission at any other time.
--(4) The court may give the defendant such permission at a case management conference.
--(5) The court shall not give the defendant such permission after the first case management conference, unless it is satisfied that-
----(a) there is a good explanation for the counter-claim not having been made prior to that case management conference; and
----(b) the application to make the counter-claim was made promptly.
--(5A) In considering whether to give permission, the court shall have regard to-
----(a) the interests of the administration of justice;
----(b) whether there has been a significant change in the circumstances which became known after the first case management conference;
----(c) whether the failure to file the counter-claim arose because of a failure of the party or his attorney;
----(d) whether the trial date or any likely trial date can still be met if permission is given; and
----(e) whether any prejudice may be caused to the parties if permission is given or refused.
--(6) All rules which apply to claims apply also to counterclaims except-
----(a) rules 8.13 and 8.14 (time within which claim may be served);
----(b) Part 9 (appearance);
----(c) those provisions in Part 12 which enable a claimant to enter judgment for failure to file a defence; and
----(d) rule 12.7 (nature of default judgment).
Notes
Amended by Legal Notice 126 of 2011. A motion was made by Senator Faris Al-Rawi to negative this amendment (see Order Paper) but the said motion was withdrawn.
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