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Applications for permission, where counterclaim, or other Part 20 claim is not served with defence

Where the court gives permission to make a Part 20 claim later, after a defence has been served, directions will be given as to service (r 20.8).

Permission to make a Part 20 claim involves an application supported by elaborate evidence, and accordingly it is obviously strongly advisable to serve all Part 20 claims with the defence if at all possible, although it should be remembered that permission is always required where the defendant wishes to counterclaim against a person other than the claimant.12 Applications are normally made without notice. The application is likely to be dismissed if not supported by the mandatory supporting evidence required by PD 20, para 2.