Q&As

What limitation period applies to a defendant’s Part 20 claim against a third party?

read titleRead full title
Published on LexisPSL on 12/12/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What limitation period applies to a defendant’s Part 20 claim against a third party?
  • Joining the third party into existing proceedings
  • Additional (Part 20) claims
  • Limitation
  • Commencing a contribution claim under CL(C)A 1978
  • Contribution proceedings
  • Limitation
  • Further reading

What limitation period applies to a defendant’s Part 20 claim against a third party?

In the event that a defendant considers that another party potentially caused and/or contributed to the loss which the claimant is seeking to recover from them, they may wish to seek a contribution. From a procedural perspective, a party has two main options, namely:

  1. joining the third party into the existing proceedings, or

  2. waiting to see if the claimant is successful and, if so, commencing proceedings under the Civil Liability (Contribution) Act 1978 (CL(C)A 1978)

Joining the third party into existing proceedings

Additional (Part 20) claims

CPR 20.2(1) provides that CPR 20 covers:

‘(a) a counterclaim by a defendant against the claimant or against the claimant and some other person

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

(c) 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).’

Under CPR 20.2(2)(a):

‘“additional claim” means any claim other than the claim by the claimant against the defendant […]’

For further information, see the following Practice Notes:

  1. Making an additional claim under CPR

Related documents:

Popular documents