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

The following Dispute Resolution practice 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
  • Evidence in support
  • Applications with or without notice
  • Pre-action protocols
  • CE-File electronic working
  • More...

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—formalities, Filing the defence, Serving the defence and Drafting the defence—drafting tips.

If your claim is in the Business and Property Courts, you should consider whether it would be appropriate to proceed under the capped costs list pilot scheme. This is a voluntary scheme which requires the agreement of all parties. It contains specific guidance on the preparation and service of counterclaims in the capped costs list. For guidance, see Practice Note: Business and Property Courts—Capped Costs List pilot scheme.

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

Related documents:

Popular documents