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Additional Claims Under Part 20 Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Additional Claims Under Part 20 notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ADDITIONAL CLAIMS UNDER PART 20

? D to existing claim can bring claim against a third party WHEN CAN A THIRD PARTY CLAIM BE BROUGHT?
Procedure

Factual situation

Possible actions

Part 20 claim?

defence of denial

D disclaims personal responsibilit y for C's damage and blames third party

plead in defencecounterclaim against C

D has claim against C

counterclaimC has claim against C AND third party

counterclaim, third party joined in as a D1. counterclaim against C AND third party (r20.2)

2. claim by D seeking indemnity, contribution or some other remedy from:

a. existing party; OR

b. third party

D accepts liability but claims can recover whole / part of amount liable for from Ca. contribution notice b. true third-party

(r20.2)

claim

3. claim by third party

N /A

fourth party etc. claimD has issue with third party related to existing claim

commence separate proceedingsagainst other party /
non-party (r20.2) claim between D and third party raises Q related to current claim

OR seek order for joinder of third party (r19.2(2)(b)) OR third party claim?
N.B. NOT a true part 20 claim
- an overhan g from old rules

ADDITIONALCLAIM AGAINST EXISTING PARTY AND NON-PARTY

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