Part 20 additional claims against a third party.
Written by Michael Coyle on 18 May 2013« Return to Reading Room
A part 20 claim allows a Defendant to bring a third party into proceedings. This is usually done at the time of filing a Defence. This is done by filing Form 211 with the Court, the issue fee is the same as a standard Part 7 claim.
Where the Part 20 is not issued at (or before) the time the Defence is filed the party seeking to bring an additional Part 20 claim must seek permission from the Court in order to bring the Claim (CPR 20.7(3)).
Particulars of the additional claim must be served with the Claim Form verified by a statement of truth.
Where permission to issue a Part 20 claim is required an Application Notice (without notice) must be issued with written evidence in support stating what proceedings have been reached, type of claim, facts of additional claim and details of third party.
All of the documents filed should be served on the third party (and all other parties) 14 days after additional claim issued (where no permission required). Directions will be given where permission is required. The service of these documents brings the third party into proceedings.
As with a standard Part 7 claim, a Defence to the claim should be filed within 14 days of the claim being deemed served and within 28 days where the an acknowledgement of service is filed. The additional claimant files a Defence the claim will be listed for case management conference for directions.
Where the Third party does not reply to the Part 20 additional claim they will be deemed to admit the additional claim and will be bound by any Judgment given in the main proceedings.
By Michael Coyle at Lawdit Solicitors, Southampton Office.
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