F1PART 20COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS

Annotations:
Amendments (Textual)

Application of these Rules to additional claims20.3

1

An additional claim shall be treated as if it were a claim for the purposes of these Rules, except as provided by this Part.

2

The following rules do not apply to additional claims—

a

rules 7.5 and 7.6 (time within which a claim form may be served);

b

rule 16.3(5) (statement of value where claim to be issued in the High Court); and

c

Part 26 (case management - preliminary stage).

3

Part 12 (default judgment) applies to a counterclaim but not to other additional claims.

4

Part 14 (admissions) applies to a counterclaim, but only—

a

rules 14.1(1) and 14.1(2) (which provide that a party may admit the truth of another party’s case in writing); and

b

rule 14.3 (admission by notice in writing - application for judgment),

apply to other additional claims.

(Rule 12.3(2) sets out how to obtain judgment in default of defence for a counterclaim against the claimant, and rule 20.11 makes special provision for default judgment for some additional claims).