3. Statements of Case Continued Flashcards
Time limit for C to respond to D’s counterclaim
14 days from deemed date of service
True or False: Reply and Defence to Counterclaim should be in the same document
True
What must D do if it wants to counterclaim after filing a defence?
Get the court’s permission
Why is set off in both the defence and counterclaim?
Defence points to set off, counterclaim establishes why C owes D money to make out set off
Does a new claim by the original claimant count as an additional claim?
No
CPR 17
Amending Statements of Case
CPR 19
Adding or Substituting Parties
CPR 20
Counterclaims and Additional Claims
Difference between indemnity and contribution
Indemnity is the right to recover whole liability from another party; contribution is the right to recover part or whole liability
Timeframe for D to serve additional claim without court’s permission
14 days
Effect of serving an additional claim on 3RP who is a non-party
Join them to proceedings under CPR 20
Additional Claim Form
N211
Application Notice Form
N244
What is the effect of D filing a claim for contribution / indemnity against 3RP?
The success of D’s claim against 3RP may be contingent on the outcome of C’s claim against D. 3RP isn’t joined to the main action - if it turns out 3RP is actually liable to C, C has no remedy.
If C joins 3RP which files a defence, how long does D have to counterclaim against 3RP?
28 days from deemed date of service of defence
Notice claiming contribution or indemnity against another defendant
PF22
What are additional parties called?
3rd Party, 4th Party, 5th Party etc.
When serving a non-party, which documents should you give them?
N9 response pack, copy of every statement of case, any other doc court directs
Can D get default judgment if 3RP doesn’t respond to a contribution or indemnity claim?
No
When does D need permission to issue an additional claim?
If not included in defence
Who bears costs of amending statements of case
Amending party
When can a party amend without permission
Before service, so long as it doesn’t affect other statements of case already served, or if all parties give written agreement
Which documents must amending party file when asking court for permission to amend
Application notice and copy of amended statement
When will amendment application be accepted?
Furthers overriding objective, has some prospect of success, is far away from trial date
What should C do if D has served a C / I notice against 3RP who C thinks might be liable on the merits?
Join them to the main claim
Three situations a cause of action can be added post-limitation period
Court overrules limitation period in personal injury action, new cause of action is an original set-off or counterclaim, new cause of action arises out of substantially the same facts already at issue
Two rules for adding a new party post-limitation
The limitation period was met when original proceedings began; it is ‘necessary’ to add a new party
When is it ‘necessary’ to add a new party post-limitation?
The new party is substituted for one named in N1 by mistake; claim cannot be properly continued unless new party is added, original party died or is bankrupt, passing liability to new party
Test for mistake under The Sardinia Sulcis
Whether intended D has been identified in the statements of case by reference to a description more or less specific to the particular case.
CPR 18
Request for Further Information
Aim of request for further information
Ask for things reasonably necessary and proportionate to enable the asking party to prepare its own case or understand the case it has to meet
What should a party not ask for in a request for further information
Evidence
What if the recipient of a request for information doesn’t respond within 14 days?
Make a without-notice interim application
Grounds for rejecting a request for information
Disproportionate expense, irrelevant, privileged, etc.
