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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
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I have opened a claim in court unpaid invoice. The defendant

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I have opened a claim in court for an unpaid invoice. The defendant has counterclaimed claiming damage at least equal to the amount of my own claim, for slander, racist comments and threatening behaviour. Can he actually do that or the court would ask for a separate case to be opened?

He can counter claim for the damage but not for slander in this particular way. He will have to open a fresh case at a huge cost which wont happen.

Threatening behaviour is not a concern of the civil courts and racism is the universal allegation that is always trotted out only really second to domestic violence or sexual abuse. I wouldn't worry. That nonsense doesn't defeat a legitimate claim.

Can I clarify anything for you?


That said, you can't get the counter claim struck down because the claim for damage is legitimate.

Customer: replied 1 year ago.
Thanks, ***** ***** I believe he is just trying to scare me off. He has a reputation for not paying contractors on time, with many negative reviews about this on GlassDoor website, I personally know many people that were in the same situation as myself before but all got paid without having to resort to court. The main problem in this situation is him holding a grudge against certain people who did make very bad comments on a private group chat, to which he eventually had access as someone was sending him screenshots of it. I was on that chat too but I haven't posted any slander comments.Could you kindly clarify "He can counter claim for the damage" what could he actually do with regards ***** *****? I do remember him accusing me, during a private conversation, of telling another employer of his company that he should leave to find a better job, which is true - could this be a legitimate cause?I have now to fill the Small Claims Directions Questionnaire (Form N180) - what would be the best line of action?Many thanks

Yes, of course he is. We can all avoid paying our bills if we accuse everybody of racism and domestic violence and generally make allegations that somebody made a pass at us one hundred years ago.

He can bring a counter claim just like you can bring a claim. He will have to prove it.

Dont be deterred by this. Ridiculous counter claims are put in all the time.

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