This paper sets out for consultation the changes it is proposed to make to the Civil Procedure Rules to clarify the types of civil claim to which Part 20 of the Civil Procedure Rules apply. The draft rules contained in the consultation paper are the result of much work by the Civil Procedure Rule Committee (the body that makes the rules of Court) and the Department would like to thank the Committee for the time and effort they have invested. The consultation is aimed at litigants, their legal representatives and other court users in England and Wales. This consultation is being conducted in line with the Code of Practice on Written Consultation issued by the Cabinet Office. It falls within the scope of the Code. The Code criteria, set out in the section on general principles of consultation, has been followed.
An initial analysis of the potential changes to Additional Civil Claims discussed in this paper did not indicate any significant impact on businesses, charities or the voluntary sector. Consequently, no formal Regulatory Impact Assessment is attached to the current consultation document but the position will be reviewed in the light of responses to it.
Copies of the consultation paper are being sent to:
The Judiciary;
The Law Society;
The Bar Council;
The Confederation of British Industries;
The British Chambers of Commerce;
The Association of British Insurers;
The Institute of Legal Executives;
Advice Services Alliance
Government Departments (including the Secretaries of State for Scotland and Wales)
Please send your response by 16 January 2004 to:
Pat Reed
Department for Constitutional Affairs
Civil Justice Division
Selborne House
54-60 Victoria Street
London SW1E 6QW
Tel: 0207 210 0691
Fax: 0207 210 8559
Email: Pat Reed
Representative groups are asked to give a summary of the people and organisations they represent when they respond.
The Department may wish to publish responses to this consultation document in due course. Please ensure your response is marked clearly if you wish your response or name to be kept confidential. Confidential responses will be included in any statistical summary of numbers of comments received and views expressed.
Further copies of this consultation paper can be obtained from Deirdre Back at the above address or by phoning 020 7210 0693
As part of the Civil Justice Reforms, Civil Procedure Rules were introduced in 1999 that unified and streamlined the former Rules of the Supreme Court and the County Court Rules.
Part
20 of the Civil Procedure Rules introduced the term "Part 20
claim" as a generic term for the various types of additional claims
which may be made by parties during the course of proceedings, such
as counterclaims and claims for contribution or indemnity. The existing
Part 20 rules and supporting practice direction can be viewed at
http://www.lcd.gov.uk/civil/procrules_fin/contents/parts/part20.htm.
A person who makes or defends a Part 20 claim is known under the Civil Procedure Rules as a Part 20 claimant or Part 20 defendant. Paragraph 7 of the practice direction to Part 20 sets out the manner in which parties are to be described in the title to proceedings where there are one or more Part 20 claims.
Criticisms have been made of the terminology used in Part 20, in particular that the term "Part 20 claim" is unclear to non-lawyers. It does not convey any indication of the types of claims which it includes and that the descriptions to be given to parties in the title to proceedings are confusing in cases where one or more Part 20 claims have been brought. For example, where a defendant brings a counterclaim against the claimant, the parties acquire two separate labels: the claimant becomes "Claimant / Part 20 Defendant" and the defendant becomes "Defendant / Part 20 Claimant". As paragraph 7.3 of the practice direction shows, labelling becomes still more complex in cases where:
two defendants both bring separate Part 20 claims, or
where a Part 20 claim is made against someone who was not a party to the original claim, and that person then brings a further Part 20 claim against another person.
The proposed amendments to Part 20 and its practice direction are contained in Annex B and address these problems in two ways:
The terms "Part 20 claim", "Part 20 claimant" and "Part 20 defendant" are not used: instead the term "additional claim" is used as a general description of the types of claims to which Part 20 applies. "Additional claim" is defined by the proposed rule 20.2(2)(a) to mean any claim other than the claim by the claimant against the defendant.
Paragraph 7 of the proposed practice direction is completely revised to provide a new scheme for describing the parties to proceedings where one or more additional claims have been brought. Under the proposed new scheme, each party will have a single identification, which should be used throughout the proceedings. The original claimant and defendant will retain those titles in the proceedings for all purposes, and other parties joining the proceedings will be described as "Third Party", "Fourth Party" etc. for all purposes, according to the order in which they are joined in the proceedings. At present Part 20 of the Civil Procedure Rules is entitled 'Counterclaims and Other Additional Claims'. A counter claim is an additional claim and the title is therefore misleading. The same problem with wording arises throughout this Part of the Civil Procedure Rules. As a result some practical problems have arisen for litigants, the legal profession and other court users.
It is proposed to remedy the problem by changing the title of Part 20 to 'Additional claims'. The Part will apply to:
A counterclaim by a defendant against the claimant or against the claimant and some other person;
An additional claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy; and
any claim made by a person (who is not already a party in the claim) against any other person (whether or not already a party) in response to an additional claim.
The term 'additional claim(s)' will be used throughout this Part, except where it is necessary to differentiate between the different types of additional claims, in which case the differentiation is made explicit.
If the consultation supports the proposed changes, the Practice Direction for Part 20, and some other minor changes to the Civil Procedure rules will also need to be amended.
Do you agree that:
(a) the term "Part 20 claim" should be changed;
(b) if so, should the term "additional claim" be used instead; and
(c) that the proposed new paragraph 7 of the practice direction provides a better way of describing the parties to proceedings where one or more additional claims have been brought?
If not please explain why not.
Once the consultation period has ended the responses will be analysed and recommendations will be made to Ministers and separately to the Rule Committee. It will be possible for the Rule Committee to consider and to make any necessary rule changes relatively quickly. These changes would, however, have a significant impact on a number of forms and leaflets and in order for the Court Service to make the necessary changes and minimise wastage and costs, implementation would take longer. Similar considerations would also apply to the changes to the Court Service computer system.
We would welcome responses to the following questions set out in this consultation paper:
Do you agree that:
(a) the term "Part 20 claim" should be changed;
(b) if so, should the term "additional claim" be used instead; and
(c) that the proposed new paragraph 7 of the practice direction provides a better way of describing the parties to proceedings where one or more additional claims have been brought?
If not please explain why not.
Name:
Organisation:
Address:
Representative groups are asked to give a summary of the people and organisations they represent when they respond.
Please send your completed response by 16 January 2004 to:
Pat Reed
Department for Constitutional Affairs
Civil Justice Division
Selborne House
54-60 Victoria Street
London SW1E 6QW
Email: Pat Reed
If you have any complaints or comments about the consultation process, you should contact the Department for Constitutional Affairs' consultation co-ordinator, Laurence Fiddler, on 020 7210 8516 or email him at Laurence Fiddler. Alternatively, you may wish to write to the address below:
Laurence Fiddler
Consultation Co-ordinator,
5th Floor
Department for Constitutional Affairs
Selborne House
54-60 Victoria Street
London SW1E 6QW
The criteria in the Code of Practice on Written Consultation issued by the Cabinet Office is as follows:
Timing of consultation should be built into the planning process for a policy or service from the start, so that it has the best prospect of improving the proposals concerned, and so that sufficient time is left for it at each stage.
It should be clear who is being consulted, about what questions, in what timescale and for what purpose.
A consultation document should be as simple and concise as possible. It should include a summary, in two pages at most, of the main questions it seeks views on. It should make it as easy as possible for readers to respond, make contact or complain.
Documents should be made widely available, with the fullest use of electronic means (though not to the exclusion of others), and effectively drawn to the attention of all interested groups and individuals.
Sufficient time should be allowed for considered responses from all groups with an interest. Twelve weeks should be the standard minimum period for a consultation.
Responses should be carefully and open-mindedly analysed, and the results made widely available, with an account of the views expressed, and reasons for decisions finally taken.
Departments should monitor and evaluate consultations, designating a consultation co-ordinator who will ensure the lessons are disseminated.
The current Part 20 Rules can be viewed at
http://www.lcd.gov.uk/civil/procrules_fin/contents/parts/part20.htm,
and the Practice Direction at
http://www.lcd.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part20.htm