Commencing a claim - Purpose, structure, and content of a Part 20 claim

Learning Outcomes

This article explains the purpose, structure, and content of Part 20 claims within civil litigation under the Civil Procedure Rules (CPR). After reading this article, you should be able to identify the different types of Part 20 claims, understand the procedures for commencing them (both with and without court permission), recognise their key content requirements, and appreciate their strategic role in resolving related disputes efficiently within a single set of proceedings. This knowledge is essential for applying the CPR effectively in practice and for answering SQE1 assessment questions.

SQE1 Syllabus

For SQE1, you need a practical understanding of how additional claims are managed within existing proceedings. Your revision should focus on:

  • The purpose and different types of Part 20 claims (counterclaims, claims for contribution or indemnity, claims against third parties).
  • The procedure for commencing a Part 20 claim, including when court permission is required.
  • The requirements for the form and content of a Part 20 claim form and accompanying documents.
  • The time limits associated with issuing and serving Part 20 claims.
  • The relationship between a Part 20 claim and the main claim.
  • How parties respond to a Part 20 claim (e.g., defence to counterclaim).

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following Part 20 claims generally requires the court's permission if it is not filed at the same time as the Defence?
    1. A counterclaim against the claimant.
    2. A claim for contribution against an existing co-defendant.
    3. A claim against a new party (a third party).
    4. All Part 20 claims require permission whenever filed.
  2. A defendant wishes to claim that a third party is liable for some or all of the damage claimed by the claimant. What type of Part 20 claim should the defendant consider making?
    1. Counterclaim.
    2. Claim for indemnity.
    3. Claim for contribution.
    4. Additional claim against a third party (seeking contribution or indemnity).

  3. True or False? A Part 20 claim form must be served on the Part 20 defendant within 4 months of the date the main claim form was issued.

  4. What is the primary purpose of allowing Part 20 claims under the CPR?
    1. To increase the complexity of litigation.
    2. To ensure all related disputes are resolved within the same proceedings for efficiency.
    3. To give defendants an automatic right to delay proceedings.
    4. To allow claimants to add unrelated claims easily.

Introduction

In civil litigation, the initial claim brought by the claimant against the defendant sets the primary scope of the dispute. However, related issues or liabilities involving other parties often arise. Part 20 of the Civil Procedure Rules (CPR) provides the mechanism for incorporating these related claims into the existing proceedings. This avoids the need for separate actions, which could lead to conflicting judgments, increased costs, and inefficient use of court resources. Understanding how to use and respond to Part 20 claims is therefore a fundamental aspect of civil procedure.

Key Term: Part 20 Claim
An additional claim made within existing court proceedings, other than a claim by a claimant against a defendant. This includes counterclaims, claims for contribution or indemnity between defendants, and claims against new third parties.

The overriding objective (CPR 1.1) guides the use of Part 20, ensuring that cases are dealt with justly and at proportionate cost. Allowing related claims to be tried together generally furthers this objective.

Types of Part 20 Claim

There are several distinct types of claims that can be made under Part 20. For the SQE1 exam, you need to be able to identify and understand the key features of each.

Counterclaims

A counterclaim is a claim brought by a defendant against the claimant within the existing proceedings. It is essentially the defendant's own cause of action against the claimant.

Key Term: Counterclaim
A claim brought by a defendant against a claimant in response to the claimant's claim, which is included in the same proceedings.

A defendant can make a counterclaim against a claimant without the court's permission if it is filed with the defence (CPR 20.4(2)(a)). If the defendant wishes to make a counterclaim at any later stage, the court's permission is required (CPR 20.4(2)(b)).

The counterclaim is usually related to the claimant's original claim, but it does not have to be. However, if the counterclaim is entirely unrelated, the court may use its case management powers to order that it be dealt with in separate proceedings if trying them together would be inconvenient or overly complex.

Worked Example 1.1

BuildCo Ltd (Claimant) sues Homeowner (Defendant) for £15,000 outstanding on an invoice for building an extension. Homeowner believes the work was defective and cost £5,000 to rectify. Homeowner also claims that BuildCo Ltd's workers damaged antique garden furniture worth £2,000 while on site. How should Homeowner respond?

Answer: Homeowner should file a Defence denying liability for the £15,000 (or setting off the £5,000 rectification costs) and also include a Counterclaim for the £5,000 rectification costs and the £2,000 for the damaged furniture. Since it is filed with the Defence, no court permission is needed for the Counterclaim.

Claims for Contribution or Indemnity

A defendant who is sued may believe that another person is partly or wholly liable for the claimant's claim. Part 20 allows the defendant to claim a contribution or indemnity from that other person.

Key Term: Contribution
A right for one person liable for damage to recover from another person who is also liable for the same damage, requiring the second person to pay a share of the damages. (Governed primarily by the Civil Liability (Contribution) Act 1978).

Key Term: Indemnity
A right for one person to recover the full amount of their liability from another person, often arising from a contractual agreement or specific legal relationship.

  • Against an Existing Party: A defendant can make a Part 20 claim for contribution or indemnity against a person who is already a party (e.g., a co-defendant) without the court's permission if the Part 20 claim form is filed and served with their defence (CPR 20.6). Permission is needed if filed later.
  • Against a New Party (Third Party): If the person from whom contribution or indemnity is sought is not already a party, the defendant must make a claim against a third party (see below).

Claims Against Third Parties

A defendant may believe that a person not currently involved in the proceedings should be brought in because that person is responsible (in whole or part) for the claimant's claim against the defendant. This is done by making an 'additional claim' against that person, known as a third party.

Key Term: Third Party
A person who is not originally a claimant or defendant in the proceedings but is brought into the claim by a defendant (or other party) through a Part 20 claim.

A defendant needs the court's permission to issue a Part 20 claim against a third party unless the claim is issued before or at the same time as the defence is filed (CPR 20.7(3)(b)). This is an important timing point.

Worked Example 1.2

CafeSupplies Ltd (Claimant) sues Restaurant Ltd (Defendant) for supplying faulty coffee machines. Restaurant Ltd believes the fault lies with EspressoTech (a separate company) who manufactured the machines' heating elements. EspressoTech is not currently a party. Restaurant Ltd has just filed its Defence. Can Restaurant Ltd bring EspressoTech into the proceedings?

Answer: Yes, but Restaurant Ltd will now need the court's permission to issue a Part 20 claim against EspressoTech as a Third Party. This is because the claim against the Third Party was not issued before or at the same time as the Defence was filed. Restaurant Ltd will argue EspressoTech is liable to contribute to or indemnify Restaurant Ltd for any damages awarded to CafeSupplies Ltd.

Commencing a Part 20 Claim: Procedure

The procedure for commencing a Part 20 claim depends on whether court permission is required.

Commencing Without Permission

As noted above, certain Part 20 claims (counterclaims against the claimant, claims for contribution/indemnity against existing parties) do not require permission if filed with the defence. The procedure involves:

  1. Drafting the Part 20 claim (setting out the grounds and remedy sought, similar to Particulars of Claim).
  2. Filing the Part 20 claim form (usually Form N211, though specific forms exist for certain claims like contribution notices) at court alongside the Defence.
  3. Serving the Part 20 claim form and the Defence on the relevant party (the claimant for a counterclaim, the co-defendant for a contribution/indemnity claim) in accordance with CPR Part 6.

Commencing With Permission

Where court permission is required (e.g., for claims against third parties issued after the defence, or any Part 20 claim issued after the defence), the party seeking to make the claim (the Part 20 claimant) must apply to the court. The procedure involves:

  1. Making an application under CPR Part 23, supported by evidence (usually a witness statement).
  2. The application should explain the nature of the Part 20 claim, why it is being made, why permission is needed (e.g., timing), and why it is appropriate to deal with the Part 20 claim in the existing proceedings.
  3. The application notice and supporting evidence must be served on all existing parties.
  4. If permission is granted, the court will give directions regarding the filing and service of the Part 20 claim form.

Service

Service of the Part 20 claim form must comply with CPR Part 6.

  • On existing parties: Service is usually straightforward at their address for service. The Part 20 claim form must be served within 14 days of the date the Part 20 claim is issued (CPR 20.8(2)).
  • On new third parties: The Part 20 claim form must be served on the third party within the period specified for serving the main claim form (i.e., usually 4 months from the issue date of the main claim form, or 6 months if served out of the jurisdiction) (CPR 20.9(1)). This ensures the overall litigation timeline is not unduly delayed. The third party must also be served with a response pack and copies of all existing statements of case.

Content of a Part 20 Claim

The document setting out the Part 20 claim (whether included in the Part 20 claim form itself or as a separate particulars of Part 20 claim) must clearly state:

  • That it is a Part 20 claim.
  • The parties to the Part 20 claim.
  • A concise statement of the facts relied upon.
  • The legal basis for the claim (e.g., breach of contract, negligence, statutory contribution).
  • The remedy sought (e.g., damages, contribution, indemnity, declaration).
  • It must be verified by a statement of truth.

Essentially, it mirrors the requirements for drafting Particulars of Claim (CPR Part 16).

Responding to a Part 20 Claim

A party served with a Part 20 claim (the Part 20 defendant) must respond, typically by filing a defence to the Part 20 claim.

  • Claimant served with Counterclaim: Must file a Defence to Counterclaim within 14 days of service of the counterclaim (unless an acknowledgment of service extends this to 28 days) (CPR 15.2). Failure may lead to default judgment on the counterclaim.
  • Existing party served with Contribution/Indemnity Claim: Should file a defence addressing the Part 20 claim issues.
  • Third Party served with Additional Claim: Must file an acknowledgment of service and/or defence within the standard time limits (14/28 days from service of the Part 20 claim particulars). Failure means they are deemed to admit the Part 20 claim and will be bound by any judgment in the main action relevant to the Part 20 claim (CPR 20.9(2)-(3)).

Revision Tip

Part 20 provides procedural tools to manage related claims efficiently. Focus on identifying the type of Part 20 claim needed for a scenario, whether permission is required based on timing and the parties involved, and the basic consequences of making or failing to respond to a Part 20 claim.

Key Point Checklist

This article has covered the following key knowledge points:

  • Part 20 claims allow additional claims (counterclaims, contribution/indemnity claims, third-party claims) to be brought within existing proceedings.
  • The primary purpose is efficiency and avoiding multiple actions on related issues.
  • Counterclaims are brought by a defendant against a claimant.
  • Claims for contribution or indemnity are often made between co-defendants or against third parties.
  • Claims against new third parties bring non-parties into the litigation.
  • Permission to issue a Part 20 claim is sometimes required, depending on the type of claim and when it is filed (generally needed if filed after the defence, or always for third-party claims unless filed before/with defence).
  • Service rules under CPR Part 6 apply, with specific time limits depending on whether the Part 20 defendant is an existing party or a new third party.
  • The content requirements are similar to Particulars of Claim and must include a statement of truth.
  • Parties served with a Part 20 claim must file a defence within the specified time limits or risk adverse consequences.

Key Terms and Concepts

  • Part 20 Claim
  • Counterclaim
  • Contribution
  • Indemnity
  • Third Party
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