The Civil Procedure (Amendment) Rules 2023

Amendment of Part 20

13.—(1) In rule 20.3, for paragraph (4) substitute—

“(4) Part 14 (admissions) applies to a counterclaim, but the only rules that apply to other additional claims are—

(a) rules 14.1 and 14.2 (which provide that a party may admit the truth of another party’s case in writing); and

(b) rules 14.1(2) and 14.2(4) (request or application for judgment following admission by notice in writing).”.

(2) In rule 20.4(2)(a), for “he files it with his” substitute “the defendant files the counterclaim with the”.

(3) In rule 20.5(1), for “A defendant” substitute “Subject to rule 20.7, a defendant”.

(4) In rule 20.6—

(a) in paragraph (1), for the words after “proceedings by” to the end substitute “filing and serving on that party a notice containing a statement of the nature and grounds of the additional claim”;

(b) in paragraph (2)(a)—

(i) for “he” substitute “the defendant”;

(ii) for “his” where it occurs in paragraph (i) and the first time in paragraph (ii) substitute “the”; and

(iii) for “his” where it occurs the second time in paragraph (ii) substitute “their”.

(5) In rule 20.7(3)(a), for “he files his” substitute “they file their”.

(6) In rule 20.9(2)—

(a) for “to which the court may have regard” substitute “which the court may consider”;

(b) in sub-paragraph (b), for “him” substitute “them”; and

(c) in sub-paragraph (c)(ii), for “he is” substitute “they are”.

(7) For rule 20.10 substitute—

“Effect of service of an additional claim

20.10.   A person on whom an additional claim is served becomes a party to the proceedings if they are not a party already.”.

(8) In rule 20.11—

(a) in paragraph (2)(a), for “in so” substitute “as”;

(b) in paragraph (3)—

(i) in sub-paragraph (a)—

(aa) for “he has” substitute “they have”; and

(bb) for “him” substitute “them”; and

(ii) in sub-paragraph (b), for “he” substitute “they”.

(9) In rule 20.13, in the words in parentheses at the end of the rule, for “Part 20” substitute “additional”.