Before making an additional claim under CPR 20
Before making an additional claim under CPR 20

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Before making an additional claim under CPR 20
  • What is an ‘additional claim’?
  • Bringing an additional claim under CPR 20
  • Should the additional claim be separate?
  • When is the court’s permission required to bring an additional claim?
  • Applying for permission to bring an additional claim
  • Pre-action protocols
  • CE-File electronic working
  • Business and Property Courts

This Practice Note sets out when and how a defendant may bring a counterclaim or other ‘additional claim’ under CPR 20. For guidance on the contents, filing and service of the defence, see Practice Notes: Drafting the defence, Filing the defence and Serving the defence.

What is an ‘additional claim’?

An ‘additional claim’ is ‘any claim other than the claim by the claimant against the defendant’.

Additional claims are dealt with under CPR 20, which provides that it applies to:

  1. a counterclaim by a defendant against the claimant or against the claimant and some other person

  2. an additional claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy, and

  3. where an additional claim has been made against a person who is not already a party, any additional claim made by that person against any other person (whether or not already a party)

For information on bringing a counterclaim, see Practice Note: Making an additional claim under CPR 20—counterclaim, defence to counterclaim and reply to defence to counterclaim. For information on bringing a claim for contribution or indemnity, see Practice Note: Making an additional claim under CPR 20—contribution and indemnity claims.

Bringing an additional claim under CPR 20

An additional claim under CPR 20 is treated like any other claim under