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Understanding Part 20 Claims in Civil Procedure: A Comprehensive Overview

Part 20 claims in Civil Procedure Rules (CPR) refer to any claims that a defendant can make against parties other than the claimant. This includes counterclaims, claims for contribution or indemnity against co-defendants, and provisions for serving the necessary claim forms. While permission is not needed for counterclaims against the claimant if filed concurrently with the defense, it is required for claims against other parties. With specific time limits and requirements for service and statements of truth, a thorough grasp of Part 20 claims is crucial for effective legal practice.

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Understanding Part 20 Claims in Civil Procedure: A Comprehensive Overview

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  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

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