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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In law can you counter sue for something completely different? If

Resolved Question:

In law can you counter sue for something completely different?
If for example I instruct proceedings for damages on say a the basis you defamed me, can you counter Sue that I broke your fence Two months ago (hypothetical)
Is it simply what you potentially could owe me, against anything you can think of, that I could potentially owe you. Or does the law have to make them somehow related?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : You can counter claim if it arises out of the same facts.
Alex Watts : But if in the above instance the broken fence has nothing to do with the defamation then that would be a new separate claim.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Can you qualify SAME FACTS?

Customer:

For example if you are employed as a contractor are "same facts" everything that happens under that agreement or contract?

Customer:

or would it have to be more specifically related to a particular instance.
Example the fence was being painted and was allegedly broken (example) however on a separate occasion whilst say the TV was repaired leaflets were distributed saying you had stolen some jewelry..

Customer:

Now the leaflets are defaming (lets have that as agreed) however in a claim for defamation can you counter that sometime back the person broke the fence whilst being contracted as the fence repairer? in a sort of save the fence as a wildcard scenerio?

What is the test for "same facts" ?

Alex Watts :

Yes in these circumstances they are different facts.

Alex Watts :

For example if someone owed someone £1000 and they sued. But then the Defendant owes Claimant £3000, they can counter sue.

Alex Watts :

Here you have defamation which is different facts to the fence damage.

Alex Watts :

Does that help?

Alex Watts :

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Customer:

is there a specific test for same facts?

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