3.6 Part 20 claims

Question 1

Which Part of the CPR deals with addition claims generally?

Answer 1

CPR 20

Question 2

What is the definition of an additional claim?

Answer 2

CPR 20.2(2)(a)

“additional claim” means any claim other than the claim by the claimant against the defendant

Question 3

Which rule sets out the procedure for a counter claim by the defendant against the claimant?

Answer 3

CPR 20.4

Question 4

Which rule sets out the procedure for a counter claim against a person other than the claimant?

Answer 4

CPR 20.5

Question 5

Which rule sets out the procedure for an additional claim for contribution or indemnity against someone who is already a party to the proceedings?

Answer 5

CPR 20.6

Question 6

Which rule sets out the procedure for “other additional claims”?

Answer 6

CPR 20.7

Question 7

Which rules apply to claims generally but never additional claims?

Answer 7

CPR 20.3(2)
The following rules do not apply to additional claims –
(a)
rules 7.5 and 7.6 (time within which a claim form may be served);
(b)
rule 16.3(5) (statement of value where claim to be issued in the High Court); and
(c)
Part 26 (case management—preliminary stage).

Question 8

Which rules apply to counter claims, but not other additional claims?

Answer 8

CPR 20.3
(1)
An additional claim shall be treated as if it were a claim for the purposes of these Rules, except as provided by this Part.
(4)
Part 14 (admissions) applies to a counterclaim, but only –
(a)
rules 14.1(1) and 14.1(2) (which provide that a party may admit the truth of another party’s case in writing); and
(b)
rule 14.3 (admission by notice in writing – application for judgment),
apply to other additional claims.

Question 9

Which Part of the CPR applies to counter claims but not additional claims generally?

Answer 9

CPR 20.3(3)
Part 12 (default judgment) applies to a counterclaim but not to other additional claims.

Question 10

Who is a CPR 20.5 counterclaim brought against?

Answer 10

The claimant and another person (e.g., someone who is jointly liable to D along with C under D’s counterclaim).

We can inter this because CPR 20.2(1)(a) refers to “a counterclaim by a defendant against the claimant or against the claimant and some other person”.

Question 11

What must a defendant do to add a third party to a counterclaim?

Answer 11

CPR 20.5(1)
A defendant who wishes to counterclaim against a person other than the claimant must apply to the court for an order that that person be added as an additional party.

Question 12

Give an example of a CPR 20.5 counterclaim.

Answer 12

C, a builder, and E, an architect, worked on D’s house. D refuses to pay C because the work is unsatisfactory. C brings a claim against D. D brings a counter claim against C and E because they are both responsible for the shoddy work.

Question 13

Does the defendant need the court’s permission to make a CPR 20.6 claim for an indemnity or contribution?

Answer 13

CPR 20.6
(1)
A defendant who has filed an acknowledgment of service or a defence may make an additional claim for contribution or indemnity against a person who is already a party to the proceedings…
(2)
(a)
without the court’s permission, if he files and serves it—
(i)
with his defence; or
(ii)
if his additional claim for contribution or indemnity is against a party added to the claim later, within 28 days after that party files his defence; or
(b)
at any other time with the court’s permission.

Question 14

Which Rule sets out the procedure for additional claims that are not counter claims against the existing claimant, or claims for contributions or indemnities against those who are already existing parties?

Answer 14

CPR 20.7

Question 15

When is a defendant likely to make a CPR 20.7 claim?

Answer 15

When any loss suffered or likely to be suffered is purely because of liability to the claimant arising out of the initial claim.

e.g., C makes a bad investment into D’s business and sues to recover the money. D makes a CPR 20.7 claim against E, its financial adviser, to indemnify or contribute in the event that C’s claim is successful.

Question 16

What is the difference between a CPR 20.6 claim for indemnity or contribution and a CPR 20.7 claim for indemnity or contribution?

Answer 16

A CPR 20.6 additional claim is against a party that is already part of the proceedings.

A CPR 20.7 additional claim is against a party not already part of the proceedings.

Question 17

In which Part of the CPR is the procedure for seeking permission to bring an additional claim?

Answer 17

Part 23

Question 18

Under what circumstances does the defendant need the court’s permission to make an additional claim under CPR 20.7?

Answer 18

CPR 20.7(3)
A defendant may make an additional claim –
(a)
without the court’s permission if the additional claim is issued before or at the same time as he files his defence;
(b)
at any other time with the court’s permission.

Question 19

Under what circumstances does the defendant need the court’s permission to make an additional claim under CPR 20.6?

Answer 19

CPR 20.6(2)
(a)
without the court’s permission, if he files and serves it—
(i)
with his defence; or
(ii)
if his additional claim for contribution or indemnity is against a party added to the claim later, within 28 days after that party files his defence; or
(b)
at any other time with the court’s permission.

Question 20

When can a defendant make an additional claim under CPR 20.4?

Answer 20

CPR 20.4(2)
(a)
without the court’s permission if he files it with his defence; or
(b)
at any other time with the court’s permission.

Question 21

When does a defendant need the court’s permission to make an additional claim under CPR 20.5?

Answer 21

[Always.]
CPR 20.5(1)
A defendant who wishes to counterclaim against a person other than the claimant must apply to the court for an order that that person be added as an additional party.

Question 22

When is notice of an additional claim other than under CPR 20.6 to be filed and served?

Answer 22

CPR 20.8
(1)
Where an additional claim may be made without the court’s permission, any claim form must –
(a)
in the case of a counterclaim against an additional party only, be served on every other party when a copy of the defence is served;
(b)
in the case of any other additional claim, be served on the person against whom it is made within 14 days after the date on which the additional claim is issued by the court.
(2)
Paragraph (1) does not apply to a claim for contribution or indemnity made in accordance with rule 20.6.

Question 23

What must the defendant serve on a party on whom it makes an additional claim, where that party is not already part of the proceedings?

Answer 23

CPR 20.12(1)
(a)
a form for defending the claim;
(b)
a form for admitting the claim;
(c)
a form for acknowledging service; and
(d)
a copy of—
(i)
every statement of case which has already been served in the proceedings; and
(ii)
such other documents as the court may direct.

Question 24

Apart from the additional party, on whom else must the defendant serve the additional claim form?

Answer 24

CPR 20.12(2)

A copy of the additional claim form must be served on every existing party.

Question 25

To what matters should the court have regard when deciding whether an additional claim should be heard separately?

Answer 25

CPR 20.9(2)
(a)
the connection between the additional claim and the claim made by the claimant against the defendant;
(b)
whether the additional claimant is seeking substantially the same remedy which some other party is claiming from him; and
(c)
whether the additional claimant wants the court to decide any question connected with the subject-matter of the proceedings—
(i)
not only between existing parties but also between existing parties and a person not already a party; or
(ii)
against an existing party not only in a capacity in which he is already a party but also in some further capacity.

Question 26

What should the court do in terms of case management where there is an additional claim?

Answer 26

CPR 20.13(2)
… the court must ensure that, so far as practicable, the original claim and all additional claims are managed together.

Question 27

What happens where a claimant does not respond to a counter claim?

Answer 27

CPR 12.3(2)(b)
(2)
Judgment in default of defence may be obtained only –
(a) …
(b)
in a counterclaim made under rule 20.4, where at the date on which judgment is entered a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.

Question 28

What happens where an additional party does not respond to notice of an additional claim against them?

Answer 28

CPR 20.11(2)
(a)
Unless the additional claim is a counter claim or claim for contribution or indemnity,
(b)
the additional party will be deemed to have admitted the claim.

Question 29

Who is a CPR 20.6 counterclaim brought against and why?

Answer 29

Someone already a party to proceedings (i.e., probably D2) for a contribution or indemnity.

Question 30

Who is a CPR 20.7 counterclaim brought against and why?

Answer 30

1.
Someone who is already a party (i.e., a co-defendant), claiming a remedy other than a contribution or indemnity.
2.
Someone who is not already a party, claiming a contribution or indemnity.
3.
Stepping stones claims: an additional claim being made by a party which has itself been joined to the main proceedings under Part 20.