Principle

CIVIL PROCEDURE — Counter-Claim — Counter-Claim is an Independent Action Requiring Proof

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A counter-claim is a standalone independent action requiring proof on the balance of probabilities. It is not merely a defence but a separate claim. The principle applies to civil procedure. The rule requires the defendant-counterclaimant to prove their counter-claim like any plaintiff. The court cannot…

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