CIVIL LITIGATION
Chapter 8.1-8.3 – Additional proceedings and part 8 claims
Counter claim (Rule 20.4)
Need to file particulars of counterclaim with defence. This should form one document, with
the counterclaim.
If make a counterclaim after he has already filed his defence, need the court’s permission.
If claimant disputes counterclaim, the claimant has to file a defence to counterclaim within
the usual 14-day period.
If the claimant fails to file a defence, the defendant may enter judgment in default on the
counterclaim.
If the claimant requires more time to file a defence to the counterclaim, he should request
an extension of time from the defendant
Parties can agree an extension of up to 28 days in addition to the initial 14-day period.
Contribution or indemnity between co-defendants (r 20.6)
When defendant wants contribution/indemnity from another defendant, need to:
(a) file a notice containing a statement of the nature and grounds of his claim; and
(b) serve the notice on the co-defendant.
No permission is required if he file and serve the notice with the defence.
Can be added within 28 days of filing his defence.
Permission is required to file and serve the notice at all other times.
Other additional claims (r 20.7)
Defendant may make an additional claim without the court’s permission by issuing an
appropriate claim form before or at the same time as he files a defence. Particulars of the
additional claim must be contained in or served with the claim form.
If an additional claim is not issued at that time, the court’s permission will be required.
Applications for permission to make an additional claim
the application notice should be filed with a copy of the proposed additional claim.
The application for permission must be supported by evidence stating:
(a) the stage which the proceedings have reached;
(b) the nature of the claim to be made by the additional claimant, or details of the
question or issue which needs to be decided;
(c) a summary of the facts on which the additional claim is based; and
(d) the name and address of the proposed additional defendant.
If there has been any delay in making the application, the evidence must also explain the
delay.
Rule 20.9(2) sets out the matters the court takes into account in deciding whether to grant
permission, and these include:
(a) the connection between the additional claim and the claim made by the claimant
against the defendant;
(b) whether the additional claimant is seeking substantially the same remedy which
some other party is claiming from him;
Chapter 8.1-8.3 – Additional proceedings and part 8 claims
Counter claim (Rule 20.4)
Need to file particulars of counterclaim with defence. This should form one document, with
the counterclaim.
If make a counterclaim after he has already filed his defence, need the court’s permission.
If claimant disputes counterclaim, the claimant has to file a defence to counterclaim within
the usual 14-day period.
If the claimant fails to file a defence, the defendant may enter judgment in default on the
counterclaim.
If the claimant requires more time to file a defence to the counterclaim, he should request
an extension of time from the defendant
Parties can agree an extension of up to 28 days in addition to the initial 14-day period.
Contribution or indemnity between co-defendants (r 20.6)
When defendant wants contribution/indemnity from another defendant, need to:
(a) file a notice containing a statement of the nature and grounds of his claim; and
(b) serve the notice on the co-defendant.
No permission is required if he file and serve the notice with the defence.
Can be added within 28 days of filing his defence.
Permission is required to file and serve the notice at all other times.
Other additional claims (r 20.7)
Defendant may make an additional claim without the court’s permission by issuing an
appropriate claim form before or at the same time as he files a defence. Particulars of the
additional claim must be contained in or served with the claim form.
If an additional claim is not issued at that time, the court’s permission will be required.
Applications for permission to make an additional claim
the application notice should be filed with a copy of the proposed additional claim.
The application for permission must be supported by evidence stating:
(a) the stage which the proceedings have reached;
(b) the nature of the claim to be made by the additional claimant, or details of the
question or issue which needs to be decided;
(c) a summary of the facts on which the additional claim is based; and
(d) the name and address of the proposed additional defendant.
If there has been any delay in making the application, the evidence must also explain the
delay.
Rule 20.9(2) sets out the matters the court takes into account in deciding whether to grant
permission, and these include:
(a) the connection between the additional claim and the claim made by the claimant
against the defendant;
(b) whether the additional claimant is seeking substantially the same remedy which
some other party is claiming from him;
