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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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If our company is suing an individual for £5000, and the defendant

Customer Question

if our company is suing an individual for £5000, and the defendant is counter suing for 4500.00. if they win will they get to keep the £5000.00 owed to us, plus the 4500.00 in there counterclaim if the judge awards it ??
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Dear *****, in litigation, the amount each side receives depends upon the award the judge makes. So, in your scenario, it is quite conceivable that if the Defendant who is countersuing wins their case that they get to keep what they have (the £5,000) plus get an award for £4,500 which is their counterclaim. However, the Defendant would have to win on all points in order for this to happen. It assumes the company's claim is worthless and the Defendant will win on all points. It also suggests that the company was not acting properly in issuing their claim against the individual. However, it is possible that this might occur. If you want further clarification, I will be happy to assist further.
Expert:  Buachaill replied 2 years ago.
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