How to Counterclaim in Northern Ireland Small Claims as a Respondent

Being sued in Northern Ireland's Small Claims Court does not mean you are stuck playing defence. If the person suing you actually owes you money from the same dispute, you can counterclaim — and you do it on the same Form 126A you use to dispute their claim.

How a Counterclaim Works

A counterclaim is your own claim against the applicant, filed alongside your defence. In Northern Ireland, it goes in the counterclaim section of Form 126A (Notice of Dispute). Both the original claim and your counterclaim are then heard together at the same hearing before the District Judge.

Northern Ireland County Court rules do not require a counterclaim to arise from the same transaction as the original claim. A contractor sues you for unpaid work, and the work was defective — you can counterclaim the cost of hiring someone else to fix it. A landlord claims rent arrears, and they never returned your deposit — the deposit counterclaim goes on the same form.

The £5,000 Ceiling

Your counterclaim cannot exceed the small claims limit of £5,000. If it does, you have two options: abandon the amount over £5,000 within the form itself, or apply to the District Judge to transfer the entire action — both the original claim and your counterclaim — out of small claims and into the general County Court civil bill list. The second option means higher costs and a more formal process, so most respondents cap their counterclaim at £5,000.

Fees

Filing a counterclaim costs the same as filing a fresh small claim of that value. As of April 2026, the fee is £244 for counterclaims up to £1,000 and £269 for counterclaims between £1,001 and £5,000. The fee is payable when you lodge Form 126A with the Civil Processing Centre.

If you are on qualifying means-tested benefits, you can apply for fee exemption or remission using Form ER1 at the time you file.

What to Put in the Form

The counterclaim section on Form 126A asks for:

• The sum you are claiming
• The factual basis — what happened and why the applicant owes you
• The date the cause of action arose
• Any interest you are seeking

Write clearly and stick to facts. You are telling the court what the applicant did (or failed to do) and how much it cost you. Attach or reference any supporting documents — invoices, photographs, correspondence — that you will bring to the hearing.

What If the Applicant Drops Their Claim?

If the applicant withdraws or discontinues the original claim after you have filed a counterclaim, your counterclaim survives. It proceeds to a hearing for independent adjudication. You do not lose your counterclaim just because the other side walks away from theirs.

Timeline

The counterclaim must be filed within the same 21-day response window as your dispute. The CPC sends a copy of your 126A (including the counterclaim) to the applicant, and the case is transferred to the local County Court for a hearing. Both sides then exchange evidence bundles 14 days before the hearing date.

Counterclaim or Separate Claim

If your grievance against the applicant is unrelated to the claim — say they owe you for a separate job — you can still raise it as a counterclaim on Form 126A, subject to the small-claims limit and court's jurisdiction. You can also issue a separate claim on Form 125; the District Judge may direct that a counterclaim proceed independently if that is more appropriate.

The Responding to a Small Claim in Northern Ireland guide includes a counterclaim decision flowchart, fee calculator, and step-by-step instructions for completing the counterclaim section of Form 126A.

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