3. Statements of Case Continued

Question 1

Time limit for C to respond to D’s counterclaim

Answer 1

14 days from deemed date of service

Question 2

True or False: Reply and Defence to Counterclaim should be in the same document

Answer 2

True

Question 3

What must D do if it wants to counterclaim after filing a defence?

Answer 3

Get the court’s permission

Question 4

Why is set off in both the defence and counterclaim?

Answer 4

Defence points to set off, counterclaim establishes why C owes D money to make out set off

Question 5

Does a new claim by the original claimant count as an additional claim?

Answer 5

No

Question 6

CPR 17

Answer 6

Amending Statements of Case

Question 7

CPR 19

Answer 7

Adding or Substituting Parties

Question 8

CPR 20

Answer 8

Counterclaims and Additional Claims

Question 9

Difference between indemnity and contribution

Answer 9

Indemnity is the right to recover whole liability from another party; contribution is the right to recover part or whole liability

Question 10

Timeframe for D to serve additional claim without court’s permission

Answer 10

14 days

Question 11

Effect of serving an additional claim on 3RP who is a non-party

Answer 11

Join them to proceedings under CPR 20

Question 12

Additional Claim Form

Answer 12

N211

Question 13

Application Notice Form

Answer 13

N244

Question 14

What is the effect of D filing a claim for contribution / indemnity against 3RP?

Answer 14

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.

Question 15

If C joins 3RP which files a defence, how long does D have to counterclaim against 3RP?

Answer 15

28 days from deemed date of service of defence

Question 16

Notice claiming contribution or indemnity against another defendant

Answer 16

PF22

Question 17

What are additional parties called?

Answer 17

3rd Party, 4th Party, 5th Party etc.

Question 18

When serving a non-party, which documents should you give them?

Answer 18

N9 response pack, copy of every statement of case, any other doc court directs

Question 19

Can D get default judgment if 3RP doesn’t respond to a contribution or indemnity claim?

Answer 19

No

Question 20

When does D need permission to issue an additional claim?

Answer 20

If not included in defence

Question 21

Who bears costs of amending statements of case

Answer 21

Amending party

Question 22

When can a party amend without permission

Answer 22

Before service, so long as it doesn’t affect other statements of case already served, or if all parties give written agreement

Question 23

Which documents must amending party file when asking court for permission to amend

Answer 23

Application notice and copy of amended statement

Question 24

When will amendment application be accepted?

Answer 24

Furthers overriding objective, has some prospect of success, is far away from trial date

Question 25

What should C do if D has served a C / I notice against 3RP who C thinks might be liable on the merits?

Answer 25

Join them to the main claim

Question 26

Three situations a cause of action can be added post-limitation period

Answer 26

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

Question 27

Two rules for adding a new party post-limitation

Answer 27

The limitation period was met when original proceedings began; it is ‘necessary’ to add a new party

Question 28

When is it ‘necessary’ to add a new party post-limitation?

Answer 28

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

Question 29

Test for mistake under The Sardinia Sulcis

Answer 29

Whether intended D has been identified in the statements of case by reference to a description more or less specific to the particular case.

Question 30

CPR 18

Answer 30

Request for Further Information

Question 31

Aim of request for further information

Answer 31

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

Question 32

What should a party not ask for in a request for further information

Answer 32

Evidence

Question 33

What if the recipient of a request for information doesn’t respond within 14 days?

Answer 33

Make a without-notice interim application

Question 34

Grounds for rejecting a request for information

Answer 34

Disproportionate expense, irrelevant, privileged, etc.