Q&As

Can a Part 20 defendant to an additional claim settle the main action with the claimant even though the Part 20 defendant is not a party to that claim? Can a Part 20 defendant to an additional claim obtain any costs protection by making an offer to settle to the claimant in the main action?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 28/03/2019

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a Part 20 defendant to an additional claim settle the main action with the claimant even though the Part 20 defendant is not a party to that claim? Can a Part 20 defendant to an additional claim obtain any costs protection by making an offer to settle to the claimant in the main action?

CPR 20.2(2)(a) defines an additional claim as any claim other than the claim by the claimant against the defendant and is distinguished from a counterclaim, which is a claim by the defendant against the claimant or against the claimant and some other person. An additional claim could be a claim for a contribution or indemnity against the third party (E) or some other related claim. CPR 20.3(1) provides that an additional claim is treated as if it were a claim for the purposes of the rules, with some exclusions.

Where an additional claim is brought, there are, in effect, two claims: C’s claim against D, and D’s claim against E. There are no proceedings between C and E, though if D’s claim is for an indemnity, D i

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