Counterclaims, claims for contribution or indemnity and other additional claims under CPR 20: an overview

by Practical Law Dispute Resolution

This Practice note provides an overview of the procedural rules and strategic considerations for bringing and defending additional claims under Part 20 of the Civil Procedure Rules (CPR). It examines the main types of additional claims: counterclaims, claims for contribution or indemnity, and claims brought by or against third parties. It explores crucial preliminary matters, including the purpose of CPR 20, the requirements for particulars of claim, and the relevant court forms. Key practical guidance is provided on the procedural requirements for each type of additional claim, addressing when court permission is necessary, limitation periods, and potential service out of the jurisdiction. The note discusses the key issue of whether an additional claim will be heard with the main claim, and explores the rules governing costs, discontinuance, and settlement in the context of Part 20 proceedings, including the application of Part 36 offers.