Part 20 claim

Question 1

what is the purpose?

Answer 1

allow parties to bring additional claims related to the main claim. Ensure all connected issues are deal with in a single set of proceedings which promotes efficiency and consistency.

Question 2

what is a part 20 claim and what are the types?

Answer 2

any claim other than C’s original claim. 3 specific claims mentioned in CPR:
o CC by D against C
o Claim by D against another party for contribution or indemnity
o Claim by a new party against another person (who may or may not be a party)

Question 3

is permission required to file a CC?

Answer 3

Permission required unless filed with the defence

Defence will inc. CC POC unless there is good reason

Question 4

what is indemnity and contribution?

Answer 4

• Indemnity = covers 100% loss/liability
• Contribution = amount proportionate to liability

Question 5

what is the procedure to make a claim for contribution or indemnity from another party?

Answer 5

• D must have filed an AoS or defence
• D f&s a notice + a statement setting out the grounds of the claim
• may need to obtain court permission

Question 6

is court permission required to make a claim for contribution or indemnity from another party?

Answer 6

Court’s permission required unless it is f&s:
o With the defence; or
o If it is against a party added to the claim, within 28 days of the new party filing their defence

Question 7

what are examples of other claims which might be made?

Answer 7

CC against another (whether already party or not), claim for contribution/indemnity from a non-party, claim by a new party

Question 8

how is an ‘all other claim’ made? is permission required?

Answer 8

Claim made by issuing a Part 20 Claim Form + POC

Can be made without permission if issued before/at the same time as the defence