part 20 claims Flashcards
CPR 20.4 and 20.5
Counterclaim against C- 20.4
Counterclaim against C and some other party 20.5
20.6
and 20.7
Additional claim against a person already party to the claim for contributions or indemnity
20.6
Additional claim against someone already party to the proceedings for something other than contribution or indemnity 20.7
Additional claim against someone not party to the proceedings for contribution or indemnity or some other remedy 20.7
Any additional claim made by a party which its self has joined the main proceedings
How is an additional claim treated? what does this mean for the filing of a defence?
when is a default judgement available
An additional claim is treated as a claim this means:
1) Defence: a party served with an additional claim must file a defence in accordance with CPR 15.2.
2) Admitted: if party does not file a defence, it is deemed to admit the additional claim
3) Default judgement: only available if the claim was a counterclaim against the claimant who fails to respond (classic counterclaim) – unavailable for other additional claims.
How is an additional claim treated?
An additional claim is treated as a claim this means:
1) Defence: a party served with an additional claim must file a defence in accordance with CPR 15.2.
2) Admitted: if party does not file a defence, it is deemed to admit the additional claim
3) Default judgement: only available if the claim was a counterclaim against the claimant who fails to respond (classic counterclaim) – unavailable for other additional claims.
Indemnity
A right of someone to recover from a third person, the whole amount which he himself is liable to pay - arises under contract to statute
Contribution
A right of someone to recover form a third person all or part of the amount which he himself is liable to pay- arises in tort, contract, statute
when is permission required for each part 20 claim?
20.4- if not filed with/ at same time as defending
20.5- permission always required
20.6 if not filed with/ at same time as defending or if additional claim is not added within 28 days of filing defence
20.7 if not filed with/ at same time as defending
what format do part 20.4 claims take? time limit?
- particular of counterclaim
- As the defence and counterclaim form one document, they are filed and served together (in accordance with the time limits specified in relation to defences).
- same time limit as defences
what is the format for part 20.6. claims?
None
What format do other part 20 claims take?
What form? When should they be served
N211
if there is no direction from the court then within 14 days of being issued
what guidance does CPR 20.9 give for issuing an additional claim or a separate action?
Unless there is a substantial connection between the original proceedings and the proposed additional claim, the court will usually direct them to be deal with separately
how should parties be addressed?
- original parties- such in the title proceedings
Additional parties- in order which they joined the claim
what happens if a party receiving a part 20 claim does not respond?
default judgement unless an indemnity or contribution is sought
20.5 and 20.7 if parties do not reply to form 211 within the time limits it is deemed to have admitted the claim
Procedure for applying for permission for Part 20
- Normal CPR 23 procedure
- Application notice with draft order and evidence in support including details of the stage the main claim has reaches
- details of the additional claim,
- summary of the relevant facts
- explanation of any detail
- name and address of any proposed party
