Learning Outcomes
This article outlines how to respond to Part 20 claims with a defence and, where appropriate, a reply, covering the role of Part 20 in introducing additional claims and distinguishing counterclaims from contribution and indemnity; the purpose and structure of a defence under CPR 16.5 (admissions, denials, non‑admissions and any positive case); the content and focus of a reply addressing new points without duplication; procedural rules and time limits for counterclaims and other additional claims, including service and extensions under CPR 15.5; the consequences of failing to respond (default judgment and being bound by findings in the main action); and case management considerations such as service on additional parties and the use of CPR 18 requests to clarify issues.
SQE1 Syllabus
For SQE1, you are required to understand the purpose, structure, and content of a reply and defence to a Part 20 claim, with a focus on the following syllabus points:
- the purpose and structure of a reply to a Part 20 claim
- the content and drafting of a defence to a Part 20 claim
- the procedural rules and time limits for responding to additional claims
- how to address new issues raised in a Part 20 defence
- the relationship between replies, defences, and overall case management
- service of additional claims and responses on parties and non‑parties, and consequences of non‑compliance
- use of CPR 18 requests for further information to clarify additional claims and defences
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the main purpose of a reply to a Part 20 claim?
- How should a defendant structure a defence to a Part 20 claim?
- What must a reply address if the defence to a Part 20 claim raises new factual or legal issues?
- What are the consequences of failing to respond to a Part 20 claim within the required time limit?
Introduction
In civil litigation, Part 20 of the Civil Procedure Rules (CPR) allows a defendant to bring additional claims—such as counterclaims or claims against third parties—within existing proceedings. When a Part 20 claim is served, the party against whom it is brought must respond with a defence, and may also need to file a reply if new issues are raised. Understanding the purpose, structure, and content of these responses is essential for effective case management and for SQE1 success.
Key Term: Part 20 claim
An additional claim brought by a defendant in ongoing proceedings, such as a counterclaim or a claim against a third party, governed by CPR Part 20.Key Term: defence to part 20 claim
A formal document responding to the allegations in a Part 20 claim, setting out which allegations are admitted, denied, or require proof, and providing the defendant’s version of events.Key Term: reply
A statement of case filed in response to a defence to a Part 20 claim, addressing new factual or legal issues raised in the defence.Key Term: additional claim
Any claim brought in existing proceedings other than the original claim—including a counterclaim, a claim for contribution or indemnity, or a claim against a non‑party—under CPR Part 20.Key Term: counterclaim
A Part 20 claim by a defendant against the claimant, often arising out of the same facts, which is pleaded and determined within the same action.Key Term: contribution
A claim by one liable party against another to share the claimant’s loss, typically made under the Civil Liability (Contribution) Act 1978.Key Term: indemnity
A claim seeking that another party bears the whole of the loss (often based on contract or statute), shifting ultimate liability for the claimant’s damages.Key Term: Part 20 claimant
The party bringing the additional claim.Key Term: Part 20 defendant
The party against whom the additional claim is brought.
Responding to a Part 20 Claim: Overview
When a defendant brings a Part 20 claim, the party against whom it is made (the Part 20 defendant) must respond. This response typically involves two documents:
- a defence to the Part 20 claim, addressing each allegation made
- a reply (if necessary), responding to new issues raised in the defence
Timely and clear responses are essential to ensure the issues in dispute are properly defined and the case progresses efficiently. Where an additional party is brought into the proceedings (for example, a subcontractor joined for contribution or indemnity), that party will usually be served with the additional claim alongside key statements of case already served in the main action, and must acknowledge service and/or file a defence within the applicable time limits.
Part 20 embraces multiple forms of additional claim. A counterclaim remains between the existing parties. Other additional claims—for contribution, indemnity or other relief—may be against co‑defendants or non‑parties and often require the court’s permission to add the new party (for example, under CPR 20.5). Distinguishing the type of additional claim is important because service, response forms, and some timing rules differ depending on whether the Part 20 defendant is already a party to the proceedings.
Purpose of a Defence to a Part 20 Claim
The defence to a Part 20 claim serves to:
- clarify which allegations are admitted, denied, or require proof
- set out the Part 20 defendant’s version of the facts
- raise any legal arguments or defences (such as limitation, set‑off, failure to mitigate, contribution apportionment or contractual indemnity exclusions)
- narrow the issues for the court and the parties
- respond to the relief sought (for example, disputing entitlement to an indemnity in whole or part)
A well‑drafted defence helps the court and the parties focus on the real points in dispute. Where an indemnity or contribution is claimed, the defence should make clear whether liability is admitted in principle and, if so, the basis on which liability is apportioned, or whether the regime relied upon by the Part 20 claimant does not apply (for example, if the contract excludes or limits indemnity, or if the alleged wrong does not give rise to a statutory contribution).
Structure and Content of a Defence to a Part 20 Claim
A defence to a Part 20 claim should follow a clear, logical structure:
- Introduction: Identify the parties (Part 20 claimant and Part 20 defendant) and the nature of the Part 20 claim (counterclaim, contribution, indemnity or other relief) and acknowledge receipt.
- Admissions, Denials, and Non‑Admissions: For each numbered paragraph of the Part 20 claim, state whether it is admitted, denied (with reasons), or not admitted (requiring the Part 20 claimant to prove it), in accordance with CPR 16.5.
- Alternative Version of Events: Where allegations are denied, provide the Part 20 defendant’s version of events, with sufficient factual detail to establish the positive case.
- Legal Arguments: Raise any legal defences (e.g., limitation, contractual terms excluding indemnity, lack of duty, failure to mitigate, contribution not established) and identify any statutory or contractual bases relied upon (for example, an apportionment under the Civil Liability (Contribution) Act 1978 or a limitation clause in a subcontract).
- Relief and Apportionment: Address the relief sought and, if appropriate, propose an alternative basis for apportionment of liability or quantum.
- Conclusion and Statement of Truth: Summarise the relief sought (e.g., dismissal of the Part 20 claim) and verify with a statement of truth, signed by the party or legal representative (CPR 22).
Key Term: admission
Acceptance that a particular allegation or fact in the claim is true.Key Term: denial
Rejection of a particular allegation or fact in the claim, usually with reasons and an alternative version of events.Key Term: non-admission
Statement that the defendant cannot admit or deny an allegation, putting the claimant to strict proof.
Where a money claim element is included in the Part 20 claim (for example, costs or damages already paid in settlement), the Part 20 defendant will be taken to require that any allegation relating to the amount of money be proved unless expressly admitted. Plead failure to mitigate where relevant and address causation and remoteness in contribution claims, particularly where multiple wrongdoers or intervening acts are alleged.
When a counterclaim is advanced together with a defence, draft the document as “Defence and Counterclaim.” The counterclaim section should read as a concise particulars of claim for the defendant’s own cause of action, referring back to the defence for common facts, and then setting out breach, causation, loss, interest and relief.
Purpose and Content of a Reply
A reply is not mandatory but may be filed if the defence to the Part 20 claim raises new factual or legal issues not previously addressed. The reply should:
- address only new matters raised in the defence (e.g., a newly pleaded limitation point, a contractual indemnity exclusion, or a new apportionment case)
- clarify or correct any misunderstandings or misstatements
- provide further information or legal argument as needed, but without repeating points from the original claim
A reply should not simply repeat earlier pleadings. If the Part 20 claim includes a counterclaim against the original claimant, the reply should also include a defence to counterclaim (often styled “Reply and Defence to Counterclaim”), responding to each pleaded paragraph of the counterclaim on its merits, and raising any appropriate defences (e.g., limitation, estoppel, contractual bar). Where appropriate, support the reply with brief particulars explaining why an indemnity clause applies, or why a contribution should be apportioned differently, grounded in facts already pleaded.
Procedural Requirements and Time Limits
- A defence to a Part 20 claim must be filed and served within 14 days of service of the Part 20 claim, unless the court orders otherwise or the parties agree an extension.
- If a reply is to be filed, it should be served within the time directed by the court or as agreed between the parties.
- Where the Part 20 claim is a counterclaim against the claimant, the claimant should serve a defence to counterclaim within 14 days of service. The parties may agree an extension for filing a defence by up to 28 days and must notify the court in writing (CPR 15.5).
- If an additional party (not previously a party to the main action) is served with a Part 20 claim, they must file an acknowledgment of service and/or defence within the time limits stated in the notice (usually 14 days from service). Failure to respond can result in default judgment on the additional claim, and the additional party may be bound by findings in the main action insofar as they relate to them.
Service requirements for additional claims differ slightly depending on when they are issued. Additional claims brought without permission are generally served with the defence (so the timetable for responses runs from that service). If an additional claim is issued later, it must be served within 14 days of issue, with the court’s directions accompanying the served documents. Ensure all service addresses are correct (including any nominated solicitors), and that each served document includes the appropriate response forms.
Where a Part 20 defendant fails to file a defence within time, the Part 20 claimant may apply for default judgment under CPR Part 12. If default judgment is entered, the Part 20 defendant may apply to set it aside under CPR Part 13 on mandatory grounds (if judgment was wrongly entered) or discretionary grounds (real prospect of defending, or some other good reason), and should act promptly.
Consider the engagement of CPR 18 (requests for further information) where the Part 20 claim or defence lacks clarity or detail. A proportionate, targeted request can help narrow issues early and prevent satellite disputes later.
Worked Example 1.1
Scenario:
A defendant (D1) is sued by a claimant (C) for breach of contract. D1 brings a Part 20 claim against a subcontractor (D2), alleging that D2 is responsible for the defective work. D2 is served with the Part 20 claim.
Question:
How should D2 structure their defence to the Part 20 claim?
Answer:
D2 should respond to each numbered paragraph of the Part 20 claim, stating whether each is admitted, denied (with reasons), or not admitted. Where denying an allegation, D2 should provide their own version of events and raise any legal arguments (e.g., that D2’s work was not defective or that D1 failed to give proper instructions). D2 should conclude by stating the relief sought (e.g., dismissal of the Part 20 claim).
Worked Example 1.2
Scenario:
A Part 20 defendant receives a defence that raises, for the first time, an argument that the claim is time‑barred under the Limitation Act 1980.
Question:
What should the Part 20 claimant do?
Answer:
The Part 20 claimant should file a reply addressing the new limitation argument, explaining why the claim is not time‑barred (e.g., by showing the date the cause of action accrued or that an exception applies). The reply should focus only on the new issue raised.
Worked Example 1.3
Scenario:
D1 sues C. D1 also issues a Part 20 claim against D2 (a non‑party) seeking contribution. D2 is served with the additional claim but takes no action within 14 days.
Question:
What are the immediate procedural consequences and options?
Answer:
If D2 fails to acknowledge service or file a defence within the required time, D1 (as Part 20 claimant) may apply for default judgment on the additional claim under Part 12. D2 risks being bound by findings in the main action (insofar as they relate to D2). D2 can apply promptly under Part 13 to set aside default judgment, showing a real prospect of defending or another good reason, and explaining the delay.
Worked Example 1.4
Scenario:
A contractor (D1) counterclaims against the claimant (C) for unpaid invoices and also brings a Part 20 claim against a supplier (D2) for indemnity based on a contract clause. D2 denies the indemnity, asserting the clause is limited to third‑party IP claims and not quality issues.
Question:
How should D1 address this in the defence and reply cycle?
Answer:
D1’s defence to D2’s Part 20 defence should identify the indemnity clause and its scope, plead the factual matrix, and explain why the clause applies to the alleged defect category. If D2’s defence raises the limitation or scope point for the first time, D1 should file a reply addressing only that new issue, relying on the contract wording and relevant background facts, and seek dismissal of D2’s denial of indemnity.
Exam Warning
If a Part 20 defendant fails to file a defence within the required time, the Part 20 claimant may apply for judgment in default. Always check and comply with the relevant time limits.
Default judgment on an additional claim carries serious consequences: the non‑responding party may be bound by findings in the main action and liable for the relief claimed. While CPR 13 offers routes to set aside, promptness and a real prospect of defending are critical.
Revision Tip
When drafting a defence or reply, always address each allegation specifically and avoid general denials. Use clear, numbered paragraphs matching the original claim. Ensure proper use of admissions, denials and non‑admissions under CPR 16.5, and verify with a statement of truth. Where an additional party is involved, check service and response forms carefully and consider whether a Part 18 request would help clarify a poorly pleaded point.
Summary
A reply and defence to a Part 20 claim are essential tools for clarifying the issues in dispute and ensuring procedural fairness. The defence should address each allegation in the Part 20 claim, while a reply should focus only on new matters raised in the defence. In counterclaims, the original claimant must serve a defence to counterclaim within the applicable time. For other additional claims (e.g., contribution or indemnity) against non‑parties, ensure correct service and response within time; failing to respond may lead to default judgment and being bound by key findings. Timely, clear, and structured responses help the court and parties manage the case effectively.
Key Point Checklist
This article has covered the following key knowledge points:
- The defence to a Part 20 claim must address each allegation, stating whether it is admitted, denied (with reasons), or not admitted.
- A reply is only needed if the defence raises new factual or legal issues not previously addressed.
- Both documents should be clear, concise, and structured in numbered paragraphs, and verified by a statement of truth.
- The defence to a Part 20 claim must be filed and served within 14 days of service, unless extended or ordered otherwise; CPR 15.5 allows extensions by agreement up to 28 days for defences.
- Where an additional party is served, they must acknowledge service and/or file a defence within time; failure to respond may result in default judgment and being bound by main‑action findings.
- Consider targeted CPR 18 requests to clarify unclear additional claims or defences and narrow issues early.
Key Terms and Concepts
- Part 20 claim
- defence to part 20 claim
- reply
- admission
- denial
- non-admission
- additional claim
- counterclaim
- contribution
- indemnity
- Part 20 claimant
- Part 20 defendant