[F1 PART 20 E+W COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS

Textual Amendments

F1 Pt. 20 substituted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rule 1, Sch. 1

Application of these Rules to additional claims E+W

20.3.— (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).]