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BPTC Law Notes BPTC Civil Ligitation Notes

Additional Claims Under Part 20 Notes

Updated Additional Claims Under Part 20 Notes

BPTC Civil Ligitation Notes

BPTC Civil Ligitation

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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 responsibility for C's damage and blames third party plead in defence

counterclaim against C

 D has claim against C counterclaim

  1. counterclaim against C AND third party (r20.2)

 C has claim against C AND third party counterclaim, third party joined in as a D

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

    1. existing party; OR

    2. third party (r20.2)

 D accepts liability but claims can recover whole / part of amount liable for from C

  1. contribution notice

  2. true third-party claim

  1. claim by third party against other party / non-party (r20.2)

 N /A fourth party etc. claim

claim between D and third party raises Q related to current claim

 D has issue with third party related to existing claim

commence separate proceedings

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 overhang from old rules

ADDITIONALCLAIM AGAINST EXISTING PARTY AND NON-PARTY

1. Counterclaim against C AND third party (r20.2)

  1. before claiming - D must apply for order adding third party as additional party

    • application procedure

      1. application notice - may make without notice

      2. evidence in support must set out:

        1. stage of main claim

        2. nature of third party claim

        3. summary of facts

      3. must file draft SoC

  2. order made adding third party

  1. court will also give case management directions:

    1. service of SoCs + response pack on third party

    2. time for third party to respond

    3. disclosure for third party

  1. must issue additional claim

  1. pay issue fee

  2. pay fee for adding third party

ADDITIONAL CLAIM AGAINST NON-PARTY

2a. Claim for indemnity, contribution or some other remedy against third party

  • defensive - only arise by D's liability to C

  • indemnity

    • D entitled to indemnity from third party

    • arises from D's relationship with third party

      • usually contract e.g. insurance

      • 100% of D's liability to C

  • contribution

    • D claims contribution from third party

    • arises from third party's liability to C (if third party's liability to C excluded, D cannot claim)

      • D can recover from anyone liable in respect of the same damage (s1 CL(C)A)

      • usually where third party is a joint tortfeasor

      • usually a proportion, but up to 100%

  • some other remedy than indemnity / contribution

    • where D also seeks e.g. damages from third party

    • court will only allow part 20 claim if substantial connection between original and third party claim - subject matter AND remedy

Related claims

  • judgment only binds parties to proceedings

  • 2 ways of avoiding irreconcilable judgments:

  1. seek order for joinder of third party (r19.2(3)) (method promoted by CPR); OR

  2. add third party by making additional claim

  • court will allow if desirable (same test as for joinder)

Procedure for additional claim against non-party

  • application for permission to issue

    • permission NOT required - if D issues before OR with defence to main claim

    • permission IS required - once defence filed

  1. apply for permission to issue

  1. application notice - may make without notice

  2. evidence in support must set out:

    1. stage of main claim

    2. nature of third party claim

    3. summary of facts

    4. name + address of third party

    5. where delay a factor, reasons for delay

  3. must file draft SoC

  1. court exercises discretion in deciding whether to grant (see factors below)

  2. court grants permission - gives directions for service

  3. D must issue additional claim form (pay issue fee AND fee to add third party)

  • service

    • additional claim form must be served

  1. within 14 days of issue

  2. with response pack + copies of SoCs in main case

  3. on all other existing parties

    • once served, third party becomes a party to main claim

ADDITIONAL CLAIM AGAINST EXISTING PARTY

2b. Contribution notice against existing party

  • D1 with additional...

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