A Court User's Guide to the Civil Justice Reforms

Flowchart 8B

Replying to Part 20 claim form
CPR Part 20

Failure to file an acknowledgment of service/defence

A Part 20 defendant is deemed to admit the claim, if no defence or acknowledgment of service is filed, and is bound by any judgment or decision in the main proceedings where these are relevant to any matter arising in the Part 20 claim

Default judgment

Part 20 claimant can enter default judgment without permission of the court if:

• any default judgment against the Part 20 claimant has been satisfied or
• the judgment is for a contribution or an indemnity

The court may at any time set aside or vary a default judgment entered without it's permission

Any application for permission to enter judgment may be made without notice

Filing defence

Where defence filed the court will arrange a hearing to consider case management of the claim giving notice to each party likely to be effected by any order made at the hearing

Judge's powers at the hearing

At the hearing the court may:

• give summary judgment
• dismiss Part 20 claim
• give directions about the way any claim, question or issue in or arising out of the Part 20 claim should be dealt with
• give directions as to any part the Part 20 defendant will take at the trial
• give directions as to the extent the Part 20 defendant will be bound by any judgment or decision made in the claim

Any of the above orders may be made either before or after any judgment has been entered by the claimant against the defendant in the main claim