Part 20 Claims Flashcards
what are CPR part 20 claims and who can bring them?
part 20 deals with counterclaims and additional claims to the main claim = must also have cause of action (duty, breach, causation, loss)
can only be brought by the defendant (not the claimant)
what are the 4 types of counterclaims under Part 20?
(1) 20.4 = classic counterclaim by D against C
(2) 20.5 = claim by D against C and a third party not party to the proceedings (where there is a connection between C and third party)
(3) 20.6 = additional claim by D against a person already party to proceedings for contribution or indemnity
(4) 20.7 =
- claim by D against a person already party to proceedings claiming some remedy other than a contribution or indemnity
- claim by D against a person not party to proceedings claiming a contribution or indemnity or some other remedy
- claim by a party who themselves joined proceedings under part 20
what must a person against whom a Part 20 claim is made do? what happens if they do not do this?
must file a defence to the Part 20 claim within 14 days (following the same requirements as a normal defence of content and form)
if they do not, they are deemed to have admitted the Part 20 claim
what happens if a party receiving a Part 20 claim does not respond?
- part 20.4 = deemed to admit the claim + D can apply for default judgement
- part 20.5 = deemed to admit the claim + bound by the judgement given at trial (no default judgement available)
- part 20.6 = deemed to admit the claim (no default judgement available)
- part 20.7 = deemed to admit the claim + bound by the judgement given at trial (no default judgement available)
what is a Part 20.4 counterclaim? is court permission required to make one? what is the form and structure requirements? when must it be served?
- classic counterclaim by D against C = a separate claim made in the same proceedings as the main claim (but does not have to arise from the same facts as the main claim)
- filed in the same document as the defence statement following on from the defence statement
- must be served within 14 days of deemed date of PoC service
- court permission not needed if filed with defence statement but needed if filed after defence
what is a part 20.5 counterclaim and when would D make it? is court permission required to make one? what is the form and structure requirements? when must it be served?
- counterclaim by D against C AND a third party not already party to the main proceedings
- there must be a connection between C and third party = joint liability or vicarious liability
- court permission is always required
- issue form N221 claim form and court gives direction on service
- example = D engages a builder, C, and an engineer, E, to carry out work on their home. D is unsatisfied with the work and does not pay the builder, C. C brings a claim against D for the payment of its invoice. D thinks E was also involved in making the work on the home unsatisfactory.
what is a part 20.6 counterclaim and when would D make it? is court permission required to make one? what is the form and structure requirements? when must it be served?
- D makes a claim against an existing party (co-defendant) for contribution or indemnity which D is obliged to pay to C should D be found liable in the main proceedings
- D must file a contribution notice on the party (no set form)
- court permission is not needed if filed at the same time as the defence (served with defence), but is needed if filed after the defence (court gives directions on when to serve)
- if the party is added to the claim later, court permission is not needed if the claim is made within 28 days of the party serving its defence statement
what is an indemnity vs contribution in the context of part 20.6 claims?
indemnity = right to recover from a third party the whole amount they are liable to pay (100% contribution) - arises in contract or statute
contribution = right to recover from third party all or part of the amount they are liable to pay - arises in contract, tort, or statute
what are the claims that can be made under Part 20.7? (3)
additional claims between D and a third party which do not involve the claimant at all but relate to any losses D may suffer in the main claim with C
types =
1. claim by D against a person already party to proceedings (co-defendant) claiming a remedy other than contribution or indemnity
2. claim by D against a person not party to proceedings claiming any remedy
3. claim by a party which itself joined the claim under Part 20
for part 20.7 claims: is court permission required to make it? what is the form and structure requirements? when must it be served?
- court permission is not required if D files it at the same time as its defence (served with defence and within 14 days of issue)
- court permission is required if D files it later (court gives directions on when to serve)
- D must complete N211 claim form
when is court permission required to make a Part 20 claim? what is the process?
permission needed = for all part 20.5 claims, and for part 20.4, 20.5, and 20.6 only where it is made after the defence is filed and served
process = D must file an application notice, draft order, and evidence including details of the main claim, additional claim, relevant facts, explanation of any delay, and details of any proposed parties
what is the difference between part 20.5 and part 20.7 claims - as they both involve D claiming against a third party?
part 20.5 = made against C AND the third party not party to proceedings where there is some connection between C and the third party
part 20.7 = made only against a third party (already party or not) where there is no connection between C and the third party - in case D has to pay C under the main claim
what is the benefit of making an additional claim under part 20.7? what can a downside be to making this claim?
benefits:
- D is mitigating the risk that they would have to pay C should they be found liable in the main claim
- more cost effective and efficient if the claim arises from the same facts as the original claim than issuing separate proceedings
but if D already served its defence, then it must apply for the court’s permission to make this claim which may incur additional costs
if serving a claim on a third party not already party to proceedings, what must be done?
serving N211 on new party under 20.5 or 20.7:
- serve response pack when serving N221 on new party
- serve all SoC on new party
- serve N211 on all existing parties
with regards to case management, how does the court deal with an additional claim?
court may treat the additional claim as a separate action altogether and hold a separate hearing for case management
unless there is a substantial connection between main claim and additional claim
