Additional Claims

Question 1

What are additional claims according to CPR 20?

Answer 1

Claims other than those by the claimant against the defendant, including counterclaims and claims for a contribution or indemnity.

Question 2

What are the types of additional claims listed in CPR 20?

Answer 2

1. Counterclaim: defendant vs. claimant (CPR 20.4).
2. Counterclaim: defendant vs. claimant and another (CPR 20.5).
3. Additional claim for contribution / indemnity / remedy against a party to proceedings (CPR 20.6).
4. Additional claim for contribution/indemnity/remedy from a **non-party **(CPR 20.7).

Question 3

When does a defendant not need the court’s permission to file a counterclaim?

Answer 3

When the counterclaim is filed at the same time as the defence (CPR 20.4(2)). If after, permission of court required.

Question 4

When does a party require the court’s permission to make a counterclaim or additional claim?

Answer 4

=> For counterclaims/contribution/indemnity against a non-party and other additional claims filed after the defence.

Question 5

What is the form and rules for a classic counterclaim?

Answer 5

DEFENDANT Must meet the requirements for a particulars of claim (CPR 16.4 + PD). Parties sued in same capacity as main claim (e.g claimant sued as claimant).

SEPARATE to main claim but should form a single document with the defence.

CLAIMANT need not serve AOS but must follow rules for defence (CPR 15) i.e 14 days after counterclaim.

Question 6

What is the requirement for counterclaims involving a third party not already part of the main claim (CPR 20.5)?

Answer 6

The third party must be joined to the proceedings, and there must be a connection between the claimant and the other party.

Question 7

In what circumstances is default judgment available for additional claims?

Answer 7

1. Counterclaims = yes
2. Contribution / indemnity = no
3. Additional claims = if no reply, deemed to admit claim + bound by judgment of main claim.

Question 8

Which additional claims can be made under CPR 20.7?

Answer 8

1) Claim for remedy (which is not contribution or indemnity) against existing party
2) Claim for contribution, indemnity or some other remedy against a non-party
3) Claim by party added to proceedings against any person.