Q&As

Where a Part 20 defendant wishes to settle the claim against them, is it enough for the Part 20 defendant to settle with the Part 20 claimant (ie the defendant in the main claim) or does the main claimant also need to be a party to the settlement?

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Published on LexisPSL on 06/08/2018

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

  • Where a Part 20 defendant wishes to settle the claim against them, is it enough for the Part 20 defendant to settle with the Part 20 claimant (ie the defendant in the main claim) or does the main claimant also need to be a party to the settlement?

The treatment of a Part 20 claim is set out in CPR 20.3(1) as follows: ‘an additional claim shall be treated as if it were a claim for the purposes of these Rules, except as provided by this Part’. For further information, see Practice Note: Counterclaims and additional claims under CPR 20—initial considerations and permission.

The treatment of a Part 20 claim means that if the main claim is settled the Part 20 claim will continue and vice versa. A consideration when settling a Part 20 claim is therefore

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