Responding to a claim - Purpose, structure, and content of a reply and defence to a Part 20 claim

Learning Outcomes

After studying this article, you will be able to explain the purpose and structure of a reply and a defence to a Part 20 claim, identify the procedural requirements for responding to additional claims, and draft clear, compliant responses. You will also understand how to address new issues raised in a Part 20 defence and apply best practice for SQE1-style scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the practical and procedural aspects of responding to Part 20 claims. In your revision, focus on:

  • the purpose and structure of a reply to a Part 20 claim
  • the content and drafting of a defence to a Part 20 claim
  • the procedural rules and time limits for responding to additional claims
  • how to address new issues raised in a Part 20 defence
  • the relationship between replies, defences, and overall case management

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. What is the main purpose of a reply to a Part 20 claim?
  2. How should a defendant structure a defence to a Part 20 claim?
  3. What must a reply address if the defence to a Part 20 claim raises new factual or legal issues?
  4. What are the consequences of failing to respond to a Part 20 claim within the required time limit?

Introduction

In civil litigation, Part 20 of the Civil Procedure Rules (CPR) allows a defendant to bring additional claims—such as counterclaims or claims against third parties—within existing proceedings. When a Part 20 claim is served, the party against whom it is brought must respond with a defence, and may also need to file a reply if new issues are raised. Understanding the purpose, structure, and content of these responses is essential for effective case management and for SQE1 success.

Key Term: Part 20 claim
An additional claim brought by a defendant in ongoing proceedings, such as a counterclaim or a claim against a third party, governed by CPR Part 20.

Key Term: defence to part 20 claim
A formal document responding to the allegations in a Part 20 claim, setting out which allegations are admitted, denied, or require proof, and providing the defendant’s version of events.

Key Term: reply
A statement of case filed in response to a defence to a Part 20 claim, addressing new factual or legal issues raised in the defence.

Responding to a Part 20 Claim: Overview

When a defendant brings a Part 20 claim, the party against whom it is made (the Part 20 defendant) must respond. This response typically involves two documents:

  • a defence to the Part 20 claim, addressing each allegation made
  • a reply (if necessary), responding to new issues raised in the defence

Timely and clear responses are essential to ensure the issues in dispute are properly defined and the case progresses efficiently.

Purpose of a Defence to a Part 20 Claim

The defence to a Part 20 claim serves to:

  • clarify which allegations are admitted, denied, or require proof
  • set out the Part 20 defendant’s version of the facts
  • raise any legal arguments or defences (such as limitation or lack of liability)
  • narrow the issues for the court and the parties

A well-drafted defence helps the court and the parties focus on the real points in dispute.

Structure and Content of a Defence to a Part 20 Claim

A defence to a Part 20 claim should follow a clear, logical structure:

  1. Introduction: Identify the parties and acknowledge receipt of the Part 20 claim.
  2. Admissions, Denials, and Non-Admissions: For each numbered paragraph of the Part 20 claim, state whether it is admitted, denied (with reasons), or not admitted (requiring the claimant to prove it).
  3. Alternative Version of Events: Where allegations are denied, provide the Part 20 defendant’s version of events.
  4. Legal Arguments: Raise any legal defences (e.g., limitation, lack of duty, or contribution not established).
  5. Conclusion: Summarise the relief sought (e.g., dismissal of the Part 20 claim).

Key Term: admission
Acceptance that a particular allegation or fact in the claim is true.

Key Term: denial
Rejection of a particular allegation or fact in the claim, usually with reasons and an alternative version of events.

Key Term: non-admission
Statement that the defendant cannot admit or deny an allegation, putting the claimant to strict proof.

Purpose and Content of a Reply

A reply is not mandatory but may be filed if the defence to the Part 20 claim raises new factual or legal issues not previously addressed. The reply should:

  • address only new matters raised in the defence
  • clarify or correct any misunderstandings or misstatements
  • provide further information or legal argument as needed

A reply should not simply repeat points already made in the original claim or defence.

Procedural Requirements and Time Limits

  • The defence to a Part 20 claim must be filed and served within 14 days of service of the Part 20 claim, unless the court orders otherwise or the parties agree an extension.
  • If a reply is to be filed, it should be served within the time directed by the court or as agreed between the parties.

Worked Example 1.1

Scenario:
A defendant (D1) is sued by a claimant (C) for breach of contract. D1 brings a Part 20 claim against a subcontractor (D2), alleging that D2 is responsible for the defective work. D2 is served with the Part 20 claim.

Question:
How should D2 structure their defence to the Part 20 claim?

Answer:
D2 should respond to each numbered paragraph of the Part 20 claim, stating whether each is admitted, denied (with reasons), or not admitted. Where denying an allegation, D2 should provide their own version of events and raise any legal arguments (e.g., that D2’s work was not defective or that D1 failed to give proper instructions). D2 should conclude by stating the relief sought (e.g., dismissal of the Part 20 claim).

Worked Example 1.2

Scenario:
A Part 20 defendant receives a defence that raises, for the first time, an argument that the claim is time-barred under the Limitation Act 1980.

Question:
What should the Part 20 claimant do?

Answer:
The Part 20 claimant should file a reply addressing the new limitation argument, explaining why the claim is not time-barred (e.g., by showing the date the cause of action accrued or that an exception applies). The reply should focus only on the new issue raised.

Exam Warning

If a Part 20 defendant fails to file a defence within the required time, the Part 20 claimant may apply for judgment in default. Always check and comply with the relevant time limits.

Revision Tip

When drafting a defence or reply, always address each allegation specifically and avoid general denials. Use clear, numbered paragraphs matching the original claim.

Summary

A reply and defence to a Part 20 claim are essential tools for clarifying the issues in dispute and ensuring procedural fairness. The defence should address each allegation in the Part 20 claim, while a reply should focus only on new matters raised in the defence. Timely, clear, and structured responses help the court and parties resolve the case efficiently.

Key Point Checklist

This article has covered the following key knowledge points:

  • The defence to a Part 20 claim must address each allegation, stating whether it is admitted, denied (with reasons), or not admitted.
  • A reply is only needed if the defence raises new factual or legal issues not previously addressed.
  • Both documents should be clear, concise, and structured in numbered paragraphs.
  • The defence to a Part 20 claim must be filed and served within 14 days of service, unless extended.
  • Failure to respond on time may result in judgment in default against the Part 20 defendant.

Key Terms and Concepts

  • Part 20 claim
  • defence to part 20 claim
  • reply
  • admission
  • denial
  • non-admission
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