- They do not include implementation guidance or notes
- They may not leverage the latest Clio Operate product features
- They may not reflect current recommended implementation approaches
Background
The Civil Procedure Rules (CPR) set out the procedural code and requirements for dealing with court cases in England & Wales, including requirements for pre-litigation (pre-action protocols), issuing, and case management. In addition to the main claim between a claimant and defendant, civil proceedings may also involve additional claims brought within existing litigation. These are governed by the ‘Part 20’ procedure.
Part 20 proceedings refer to the rules for making additional claims within ongoing civil proceedings under the CPR. This includes counterclaims against an existing party, as well as claims against third parties (such as contribution or indemnity claims). Part 20 provides a structured framework for resolving all related disputes within a single set of proceedings, promoting efficiency and consistency by avoiding the need for separate claims.
Overview
The Part 20 rules set out to provide a framework for managing any claim other than a claim by a claimant against a defendant. Part 20 claims are always brought within the context of a Part 7 or Part 8 proceeding and can be one of several types
| TYPE | OVERVIEW |
|---|---|
| Counterclaim |
Defendant’s counterclaim against the claimant. The counterclaim is usually made at the same time as the defence is filed and is included in the same defence document. If a counterclaim is raised after the defence is filed then an application is made to amend the defence. |
| Additional Claim - Contribution and Indemnity against a co-defendant |
Claims made by one party against another party involved in the same original proceedings for indemnity and costs. If a contribution/indemnity claim is raised after the defence is filed then an application is made to amend the defence and to bring the additional claim |
| Additional Claim - Contribution and Indemnity against a non party |
Claim against another party not previously brought into the proceedings. This is raised separately to the main proceedings. Defence filed in the original proceedings and the Additional claim is filed at the same time. |
In terms of process, like any other proceedings we need to consider Part 20 from both the perspectives of:
- Raising it – as the Defendant on the main proceeding we are Raising a Part 20 on another party either already in proceedings or a new participant (Additional Claim) or bringing a counterclaim against the Claimant (Counterclaim)
- Responding – as the Claimant on the main proceeding we are Responding to a Part 20 Claim that has been issued against us (Counterclaim)
Unlike other Proceeding types such as Part 7 and Part 8, Part 20 Proceedings are raised (or responded) alongside an existing Proceedings; this is described in the following diagram:
With Reference to the above diagram it is important to note (for design purposes) that:
- They are always raised as part of the Part 7 or Part 8 claim (and don’t have a separate claim number)
- There can be one or more Part 20 claims; although typically there is only one
- They have their own lifecycle, for example the Part 20 claim can be settled whereas the main claim is still running
- When raising a Part 7 claim you will respond to Part 20 claims
- When responding to Part 7 claims you can raise Part 20 claims
In this accelerator there are three different types of P20 Claims; one of which (Counterclaim) runs entirely in parallel with the main Part 7/8 proceedings and indeed shares the same key dates. In many ways the only “real” difference with a Counterclaim is that it can be subject to a stand-alone (default) judgment.
This is therefore a solution design choice to make as to whether we treat Part 20 counter claims as a separate “container” in their own right.
Whilst there is no right answer the following table outlines the pro’s / con’s
| APPROACH | PRO | CON |
|---|---|---|
| Part 20 counter claims as part of Part 7/8 | Less clicks for users | Reporting and tagging is consistent. |
| Part 20 counter claim as a separate container |
Accelerator is largely stand alone and changes to this can be isolated Easier/more structured reporting Easier document tagging |
Additional end user clicks required Interrupts the flow of the claim as the Counterclaim is included within the defence document. Not clear if the defence would be in the main matter or on the P20. container. |
For the purposes of this accelerator we have chosen to implement Part 20 as a separate container; accepting slightly worse usability i.e. it’s quite a lot of clicks for a counter claim to get one key date; but also accepting the challenge from a product perspective to make this better!
The Part 20 Proceedings accelerator encompasses both ‘Raise’ (claimant) and ‘Respond’ (defendant) routes of litigation, with sub types for the respective sides. Where there are ‘common’ elements such as key dates, processes, etc. then the configuration is built at the Part 20 abstract work type level (to leverage the inheritance model and remove the need for duplication or unwanted variation).
During the lifecycle of a Part 20 litigated case there will be key ‘phases’ with slight variance on initial steps to raise or respond to the proceedings.
Example phase plan for raising part 20 proceedings (claimant):
Example phase plan for responding to part 20 proceedings (defendant):
The Part 20 proceedings accelerator aims to:
- Assist the case handler/case team in complying with court directions (instructions and deadlines)
- Drive efficiencies through streamlined ‘micro’ processes for common activities such as instructing experts or counsel
- Streamline data capture of litigation related information, to drive consistency in data capture and reporting, and enable intelligent workflow automation based on relevant variables such as track type or method of litigation
- Track the key dates associated with the litigation ensuring that deadlines are not missed
This accelerator is intended to be used as a child of appropriate matter work types and follow the below wider solution design:
