1 / 7

Civil Procedure

Civil Procedure. Part 20 Claims. What is a Part 20 Claim?. “any claim other than a claim by a claimant against a defendant”(CPR 20.2) Includes: a counterclaim a claim by a defendant against any other party where a Part 20 claim has been made against a new party, any claim by that party.

jelani-dixon
Download Presentation

Civil Procedure

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Civil Procedure Part 20 Claims

  2. What is a Part 20 Claim? • “any claim other than a claim by a claimant against a defendant”(CPR 20.2) • Includes: a counterclaim a claim by a defendant against any other party where a Part 20 claim has been made against a new party, any claim by that party

  3. 20.2(1)(a) Counterclaim = claim by defendant against claimant or against claimant and some other person

  4. 20(1) (b) • Claim by defendant for contribution/indemnity against co-defendant or third party • In such circumstances the claimant should join the third party as a second defendant (see CPR 19.2)

  5. Procedure –Part 20 Claim Form used • Permission not needed to bring a counterclaim against the claimant provided it is filed at the same time as the defence (20.4) • To bring a counterclaim against a person other than the claimant the court’s permission is needed (20.5) • To claim a contribution or indemnity from a co-defendant the court’s permission is not needed if the notice claiming this is filed and served at the same time as the defence.

  6. Service of Part 20 Claim Forms(20.8) • 20.2(a) claims are served along with defences • Other Part 20 claims must be served within 14 days of issue of the Part 20 claim (20.8) • Part 7 time limits don’t apply but other directions will be made re. time limits • Statement of truth needed

  7. Other features of Part 20 Claims • Part 26 (case management) excluded • Part 12 only applies to counterclaims • Some of Part 14 excluded

More Related