A Court User's Guide to the Civil Justice Reforms

Flowchart 8A

ssue of claim form under CPR
Part 20 (third party and
additional claims)
CPR Part 20 rule 20.7-10

Issuing

Part 20 claim form not used

• for counterclaims (see flowcharts 7a -- c)
• for claims for contribution or indemnity from a co-defendant. These should be made by serving a notice containing a statement of the nature and grounds of the claim on the co-defendant (Part 20.7(1))

Application for permission

Permission must be obtained if issuing after filing of the defence .The application can be made without notice but should be filed with a copy of the proposed claim. It must be supported by evidence (see para 2 of Part 20 practice direction for details of evidence required)

Service

Particulars of claim must be contained in or served with the claim form

Claim form must be served on the Part 20 defendant within 14 days of filing the defence with

• forms for admitting/defending the claim (N9A and N9C or N9B and N9D)
• an acknowledgment of service (Form N211A)
• copy of every statement of case already served in the main claim
• any other documents the court may direct

A copy of the Part 20 claim form must be served on all parties to the main claim

Result of serving Part 20 claim form

Once served the Part 20 defendant becomes a party to the main proceedings

If already an existing party to the main proceedings the Part 20 claimant becomes a party in the additional capacity specified in the Part 20 claim form