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The Civil Procedure (Amendment No.4) Rules 2005

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Procedure for making any other additional claim

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20.7.—(1) This rule applies to any additional claim except—

(a)a counterclaim only against an existing party; and

(b)a claim for contribution or indemnity made in accordance with rule 20.6.

(2) An additional claim is made when the court issues the appropriate claim form.

(Rule 7.2(2) provides that a claim form is issued on the date entered on the form by the court)

(3) A defendant may make an additional claim—

(a)without the court’s permission if the additional claim is issued before or at the same time as he files his defence;

(b)at any other time with the court’s permission.

(Rule 15.4 sets out the period for filing a defence).

(4) Particulars of an additional claim must be contained in or served with the additional claim.

(5) An application for permission to make an additional claim may be made without notice, unless the court directs otherwise.

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