Where a defendant establishes a counterclaim equal to or greater than the plaintiff’s claim, he is entitled to a judgment for the balance.\u00a0 If both the claim and the counterclaim fail, each obtains judgment.\u00a0 The same principle applies to a counterclaim which may be made in respect of the balance due.<\/p>\n
Where a claimant obtains judgment on his claim on the defendant obtains judgment for his on his counterclaim, there are two judgments.\u00a0 However, execution may not issue for more than the balance.<\/p>\n
Generally, costs follow the result.\u00a0 Costs are at the discretion of the court. Because the issues are connected, the court’s jurisdiction may be tailored to the circumstances.<\/p>\n
Where both plaintiff and defendant succeed on the claim and the counterclaim respectively and it is not subject to set-off, each will generally have the cost of his claim.\u00a0 Where the defendant succeeds in a set-off which exceeds the claim, he is, in the absence of circumstances on which the court may exercise his discretion to the contrary entitled to judgment with cost and the cost of the counterclaim.\u00a0 If he succeeds in set-off for less than the plaintiffs claim, he has succeeded proportionately.<\/p>\n\n
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Set Off and Counterclaim When two parties have a claim, each against the other, for a monetary amount, one may set-off his obligation to pay against his right to receive from the other.\u00a0 A cross-claim may be raised as a defence to the other claim. Where one party has a claim of any kind against […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[43],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/462"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=462"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/462\/revisions"}],"predecessor-version":[{"id":463,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/462\/revisions\/463"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=462"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=462"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=462"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}