Counter Claim

[Spiderpants]

Hi,
We are claiming for an unpaid invoice for work completed, and the defendant has counter claimed against us.

Does anyone know if they are allowed to change the amount in the documentation the have sent through (now claiming more) then they stated on their counter claim form?

Really appreciate any help

bump

anyone?

It's not clear from your post whether a claim.has been issued and defence/counterclaim filed and served, or whether this is pre-action. In either case, yes either side can amend the amount claimed (and it is common to d so, as new evidence/facts come to light), but depending on the circumstances, amending a claim can require either the other side's consent or the court's permission. If the amendment is only to the amount counter-claimed, it is not sensible to refuse consent to the amendment, as a court would normally give permission and if you insist on the court determining the issue then you may expose yourself to an adverse costs order. Remember that consenting to an amendment to the other side's claim does not amount to accepting that element of their claim.

Thank you, we have not been asked consent and we are not aware of anything from the court.
we issued a claim, which has been had a defence and counter claimed raised against.

Is your question a hypothetical one then?

In short the answer is yes, a party to litigation can change the amount claimed. Indeed, it is often not possible to know the exact amount of damages you would claim or counterclaim at the start of proceedings, so is common for the number to change.