Counterclaims and additional claims under CPR 20—initial considerations and permission
Counterclaims and additional claims under CPR 20—initial considerations and permission

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

  • Counterclaims and additional claims under CPR 20—initial considerations and permission
  • 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?
  • Counterclaim against the claimant (CPR 20.4)
  • Counterclaim against a person other than the claimant (CPR 20.5)
  • Claim for contribution or indemnity against an existing party (CPR 20.6)
  • Other additional claims (including claims for a contribution or indemnity against a new party) (CPR 20.7)
  • Applying for permission to bring an additional claim
  • More...

This Practice Note sets out when and how a defendant may bring a counterclaim or other ‘additional claim’ (including a claim for a contribution or indemnity) under CPR 20 and whether permission is required to do so. For guidance on the contents, filing and service of the defence, see Practice Notes: Drafting the defence—formalities, Drafting the defence—drafting tips, 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’ (CPR 20.2(2)(a)).

Additional claims are dealt with under CPR 20, which provides (CPR 20.2(1)) 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)

A counterclaim is defined in the CPR glossary as a ‘claim brought by a defendant in response to the claimant’s claim, which is included in the same proceedings as the claimant’s claim’.

For information on bringing a counterclaim, see Practice Note: Making an additional claim under CPR 20—counterclaim, defence to counterclaim and

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