4 - Additional Claims and Changing Parties

Question 1

What is a statement of case?

Answer 1

The document(s) in which a party sets out its case in civil litigation. Known as a ‘pleading’ before the introduction of the Civil Procedure Rules.

A statement of case may be a claim form, particulars of claim, a defence, a counterclaim or other additional claim (formerly known as a Part 20 claim), a reply to a defence, and any further information provided in relation to these documents.

Question 2

What are counterclaims and other possible statements of case that a defendant might serve?

Answer 2

Alongside their initial response (e.g., acknowledging service or defending the claim), a defendant might:

• Make a counterclaim against the claimant.
• The claimant may then follow with filing a defence to the counterclaim.
• The claimant might also serve a reply in response to the defence.

Question 3

Under which CPR rule are counterclaims dealt with, and what is their nature?

Answer 3

• Counterclaims are governed by CPR 20 as a type of additional claim.
• A classic counterclaim is treated as a separate claim from the main claim.
• It is normally filed at the same time as the defence, but if filed after the defence, the defendant must seek court permission (CPR 20.4(2)).

Question 4

Can a counterclaim be combined with the main claim?

Answer 4

• Yes, counterclaims are often pursued in the same proceedings as the main claim, using the same claim number for convenience.
• A defendant could also file a separate claim, but combining it with the main claim is common practice.

Question 5

What must a counterclaim establish?

Answer 5

A counterclaim must be based on case analysis and establish:
- Duty
- Breach
- Causation
- Loss

It may be unrelated to the claimant’s main cause of action. However, the parties must be suing/being suied in the same capacities as the main claim.

If the court does not think the counterclaim should be heard with the main claim, the court can order it be struck out or heard separately if necessary (CPR 3.4 and CPR 3.1(2)(e)).

Question 6

How is a counterclaim typically formatted?

Answer 6

• When filed with the defence, a counterclaim is part of a single document titled “Defence and Counterclaim” (CPR 15.7).
• It must include the four elements of a claim (duty, breach, causation, loss) and comply with CPR 16.4 and 16 PD.
• A court fee is payable when filing a counterclaim.
• It must comply with the rules for particulars of claim.

Question 7

How does set-off work as a defence?

Answer 7

• Set-off can operate as a partial or complete defence to a claim, extinguishing the claim up to the same amount as the defendant’s counterclaim.
• It arises when the facts supporting a counterclaim also constitute a defence to the main claim.

Question 8

How does set-off affect the amounts awarded?

Answer 8

Set-off reduces the amount recoverable by the claimant by the value of the defendant’s counterclaim.

For example, if the claimant’s claim is for £20,000 and the defendant’s counterclaim is for £10,000, the claimant can only enforce judgment for £10,000.

Question 9

What are some key legal bases for set-off?

Answer 9

Sale of Goods Act 1979, s.53(1): The buyer can set off a claim for breach of implied terms against the seller’s claim for the price.

Defective Services: Where a claim is made for the price of services, the defendant can set off a claim for damages for poor services.

Equitable set-off: Developed by courts where there is a close connection between claims that makes enforcement of one without considering the other unjust.

Question 10

How should set-off be pleaded?

Answer 10

Set-off is pleaded within the defence section of the “Defence and Counterclaim,” usually as the last paragraph of the defence, before the counterclaim.

Example wording: “The defendant seeks to set off the sum awarded in the counterclaim against the claimant’s claim to reduce or extinguish it.”

Question 11

When should a claimant respond to a counterclaim if filing a defence?

Answer 11

There is no requirement for a claimant to acknowledge service of the counterclaim using an acknowledgment of service.

However:
- The claimant must file a defence to counterclaim within 14 days of service of the counterclaim (CPR 15).
- If they fail to respond, the defendant may apply for default judgment (CPR 12.3(2)(b)).
- Its contents must comply with the usual rules in relation to defences.

Question 12

When must a claimant file a reply to the defence?

Answer 12

• A reply is optional and should be filed with the directions questionnaire if the claimant wishes to raise new facts (CPR 15.8).
• This should be the last statement of case, and further statements require court permission (CPR 15.9).

Question 13

What should be considered when new causes of action, claims, or parties arise during existing proceedings?

Answer 13

• Case analysis and cost-benefit analysis should be conducted to assess viability.
• Consider priority to the client and potential tactical reasons to proceed or not.
• If the new matter is directly connected to the existing claim, it may be more efficient to add it to the original proceedings, saving time and costs.

Question 14

When should a new cause of action or party be added to an existing claim?

Answer 14

• If it is closely connected with the original claim, it can be added to avoid inconsistent judgments and reduce costs.
• The court’s limitation rules still apply, so consider the time limits before deciding to proceed.
• Tactical reasons for adding or not adding claims/parties should be discussed with the client.

Question 15

When can amendments to statements of case be necessary?

Answer 15

• New causes of action, counterclaims, or additional claims require amendments.
• Other reasons include changes in the parties’ knowledge (e.g., after disclosure or witness statements) or correcting drafting errors.
• Factual mistakes in the original particulars of claim can also be corrected through amendments.

Question 16

What is an additional claim?

Answer 16

‘Any claim other than the claim by the claimant against the defendant.’

An additional claim is treated as a claim (subject to a small number of exceptions). This means that a party served with an additional claim must file a defence in accordance with the usual rules.

This includes:
- A counterclaim by a defendant against the claimant. (CPR 20.2(1)(a) and 20.4)
- A counterclaim by a defendant against the claimant and some other person. (CPR 20.2(1)(a) and 20.5)
- An additional claim by a defendant against any person (already a party to the proceedings) claiming a contribution or an indemnity. (CPR 20.2(1)(b) and 20.6)
- An additional claim by a defendant against any person (already a party to the proceedings) claiming some remedy other than a contribution or an indemnity. (CPR 20.2(1)(b) and 20.7)
- An additional claim by a defendant against any person (not already a party to the proceedings) claiming a contribution or an indemnity or some other remedy. (CPR 20.2(1)(b) and 20.7)
- An additional claim being made by a party which has itself been joined to the main proceedings pursuant to CPR 20. (CPR 20.2(1)(b) and 20.7)

A claim by the original claimant cannot fall into any of the categories above, even if the claimant is adding a further claim to its existing claim. Therefore, a claim by the original claimant is not an additional claim.

Question 17

How are contribution and indemnity defined in the CPR rules?

Answer 17

Contribution ‘A right of someone to recover from a third person all or part of the amount which he himself is liable to pay.’

Indemnity ‘A right of someone to recover from a third person the whole amount which he himself is liable to pay.’

Question 18

Can the defendant counterclaim against a person other than the claimant?

Answer 18

• Sometimes the defendant will have a counterclaim against both the claimant and another person at the same time.
• This type of counterclaim is much more unusual in practice than the classic counterclaim.

Question 19

In what cases can the defendant bring a claim against a person other than the claimant attached to the main claim?

Answer 19

• CPR 20.5 allows a defendant to bring a counterclaim against the claimant and an additional person if both parties are jointly liable to the defendant.
• This is done when the defendant believes both the claimant and the third party share responsibility for the loss or damage suffered.
• If this other party is not already a party to the ‘main’ court action, the other party will need to be joined into the main claim as a third party so that the counterclaim can proceed.

Example: A homeowner (claimant) sues a contractor (defendant) for faulty work. The contractor may counterclaim against both the homeowner and a subcontractor for errors in construction.

Question 20

What is meant by contribution or indemnity in the context of additional claims?

Answer 20

• Contribution: The right to recover a proportionate share of the total loss from another party who shares responsibility for the damage or liability.
• Indemnity: The right to recover the entire amount paid from a party who has agreed to bear full liability or responsibility for the loss.

Question 21

What are claims for contribution or indemnity from an existing party?

Answer 21

• A defendant can bring a contribution notice or indemnity claim against another party already involved in the proceedings, such as a co-defendant or other existing party.
• This is done by serving a contribution notie with the court and serving notice on the other party.
• This type of claim asserts that the existing party should share the responsibility for any damages awarded to the claimant, or even bear the full burden.
• It helps streamline the litigation process by addressing all related claims within a single set of proceedings.

Question 22

When might claims for a contribution or indemnity from an existing party arise?

Answer 22

• These claims commonly arise in multi-defendant cases where responsibility for the claimant’s loss is shared among different parties.
• For example, if two defendants are jointly sued for causing a car accident, one defendant might seek contribution from the other to divide any damages owed.
• Such claims can also arise in contractual disputes where one party seeks indemnity based on an agreement with a co-defendant.

Question 23

What are three other types of additional claims?

Answer 23

1. Contribution or indemnity claims against a third party not currently involved in the proceedings (CPR 20.7).
2. A claim against any other person (already a party to proceedings for example a co-defendant) for reimbursement or indemnity based on their role in the loss.
3. An additional claim being made by a party which has itself been joined to the main proceedings pursuant to CPR 20.

Question 24

What are claims for a contribution or indemnity from a third party?

Answer 24

• Claims for contribution or indemnity from a third party involve a defendant seeking to recover some or all of a liability they owe to a claimant from another party not already involved in the proceedings.
• For example, if a defendant is ordered to pay damages to a claimant for negligence, and believes another party (e.g., a contractor) shares responsibility, the defendant may bring an additional claim against the contractor for contribution.
• These claims do not involve the defendant but often depends upon what happens between the claimant and the defendant.

Question 25

Is permission required from the court for additional claims?

Answer 25

Permission from the court is required in certain circumstances to file an additional claim:

Classic counterclaim (CPR 20.4)
No Permission? If filed at the same time as/with the defence.
Permission? If filed at any other time.

Counterclaims against a person other than the claimant (CPR 20.5). Permission is always required.

Claimants for a contribution or indemnity from an existing part (CPR 20.6). No Permission? If filed and served at the same time as/with the defence (or – if the additional claim is made against a party added to the main/substantive claim at a later date – within 28 days after that party files its defence).
Permission? If filed at any other time.

Other additional claims (CPR 20.7).
No Permission? If the additional claim is issued before or at the same time as the defence is filed.
Permission? If filed at any other time.

Question 26

Where and how does a party apply for permission from the court to file an additional claim?

Answer 26

• A party must apply for permission using the ‘normal’ interim application procedure, filing an application notice accompanied by a draft order and evidence in support which will include details of the stage the main claim has reached, details of the additional claim, a summary of the relevant facts, explanation of any delay and the name and address of any proposed party.
• The application should be submitted to the court where the original claim is being heard.
• The applicant must demonstrate why the additional claim is necessary or why it should proceed, typically in cases where it arises after the defence is filed.
• The court will consider factors such as the timing of the claim and its connection to the main proceedings before granting permission.

Question 27

What is the required structure and form for filing a classic counterclaim?

Answer 27

A counterclaim by a defendant against the claimant (and not against anyone else) will usually take the form of a ‘particulars of counterclaim’ (CPR 20.4(1)).

The defence and the counterclaim should normally form one single document, with the counterclaim following on from the defence (20 PD 4.1).

As the defence and counterclaim form one document, they are filed and served together (in accordance with the time limits specified in relation to defences), within 14 days.

Question 28

What is the process and form for filing a claim for contribution or indemnity from an existing party under CPR 20.6?

Answer 28

A party seeking contribution or indemnity from an existing party must file a contribution notice.

Content of the notice:
- The facts and legal basis for the claim of contribution or indemnity must be clearly stated.

Service:
- The contribution notice must be served on the existing party within the proceedings. The other party has 14 days to respond.

The claim then proceeds as part of the overall litigation process.

Question 29

What is the structure and form required for filing additional claims that seek remedies other than contribution or indemnity?

Answer 29

Other claims are started by issuing an N211 claim form which is similar to the ‘normal’ claim form (ie the N1), other than it is buff coloured and contains more room for the details of all the parties to be inserted.

If such an additional claim is made without the court’s permission, the claim form should be served on the person against whom it is made within 14 days of it being issued (CPR 20.8).

If the court’s permission is required, the court will give directions as to when the notice should be served.

Question 30

What is the general structure and form required for filing any and all types of additional claim under CPR Part 20?

Answer 30

A party upon whom an additional claim is served becomes a party to the proceedings if he was not already a party (CPR 20.10). If an additional claim is served on someone who is not already a party to the proceedings, it must be accompanied by (CPR 20.12(1)):

• A response pack; and
• A copy of every statement of case and any other documents that the court directs.

A copy of the additional claim form must also be served on every existing party (CPR 20.12(2)).

Question 31

How does case management apply to additional claims within ongoing litigation?

Answer 31

Once an additional claim is brought, it is treated as part of the overall litigation, and all case management processes (such as directions, disclosure, and trial management) apply.

The court will seek to coordinate the management of the main claim and the additional claim to avoid duplication of hearings or trials.

The parties may need to submit separate disclosure for the additional claim, and separate case management hearings may be scheduled if necessary.

Question 32

How are parties named in the title of proceedings when there are additional claims, such as third-party claims?

Answer 32

In proceedings involving additional claims, the title of the case will reflect all parties involved, including third parties.
For example: “Claimant vs. Defendant 1 and Defendant 2 (Third Party).”

The court may assign different labels, such as Third Party, Co-Defendant, or Additional Party, to reflect the relationships between the parties in the litigation.

Question 33

What happens if a person on the receiving end of an additional claim does not respond?

Answer 33

If a party does not file a defence to a counterclaim then a defendant can apply for default judgment as usual (CPR 12.3(2)(b)).

If an existing party does not reply to a notice of contribution or indemnity, it is not possible to apply for a default judgment.

Where an additional claim form (N211) is served on a person not already a party, it should be accompanied by an acknowledgment of service and a response pack.
If a party fails to reply to a Form N211 in the appropriate way/within the specified time limits then it will generally be deemed to admit the claim and will be bound by the judgment or decision given at trial of the main claim (to the extent that it is relevant to any matter arising in the additional claim) (CPR 20.11(2)).
It is not possible to apply for default judgment in such claims, other than in exceptional circumstances (CPR 20.11(2)(b) and 20.11(3)).

Question 34

What are the general principles for amendments to statements of case?

Answer 34

A party might need to amend a statement of case due to adding a party or claim, a change in their knowledge of a case, or a drafting error.
Amendments to statements of case must be verified by a Statement of Truth (CPR 22) unless the court orders otherwise.

• CPR 17 deals with general amendments.
• CPR 19 governs amendments involving parties.

The rules are particularly strict after the limitation period has expired.
A party applying for an amendment is usually responsible for the costs of and arising from the amendment.

Question 35

What are the rules for amendments without permission or consent?

Answer 35

• A party may amend a statement of case at any time before it is served (CPR 17.1(1)).
• Amendments before service can be extensive, including changes to the parties and causes of action.
• An amendment to the particulars of claim affecting parties may require consent or permission if the claim form has been served.
• The court has the power to disallow such amendments under CPR 17.2.

Question 36

What are the rules for amendment of the statements of case with consent?

Answer 36

• Any statement of case can be amended with the written consent of all the parties (CPR 17.1(2)(a)).
• The party making the amendment bears the costs of and arising from the amendment (PD 17).
• When filed without court permission, the amendment should be endorsed with the amendment rule and date (17 PD 2.1(2)).
• The court can disallow such amendments (CPR 17.2).

Question 37

What is the procedure for amending the statement of case with the court’s permission?

Answer 37

If a statement of case has been served and there is no written consent to amend, a party must apply to the court for permission to amend (CPR 17.1(2)(b)).

• The party must file an application notice and the proposed amended statement of case (17 PD 1.2).
• The application may be dealt with at a hearing or, if all parties consent, without a hearing.
• If permission to amend is granted, the court will usually give directions for any consequential amendments and the service of amended statements of case (CPR 17.3(1)).

The amended statement of case should usually be filed within 14 days of the order, unless the court orders otherwise. It should also be served on every party.
- When an amended statement of case is filed with court permission, it must be endorsed: ‘Amended [particulars of claim/defence (or as may be)] by order of [Mr Justice…] dated …’ (17 PD 2.1(1)).
- If the amendment changes the substance of the statement of case, it must be re-verified by a statement of truth.

Question 38

When will the court give permission to amend the statement of case?

Answer 38

• Except where the limitation period has expired (CPR 17.4), there is no specific guidance on how the court exercises its discretion.
• Parties should be cooperative in litigation, and once the need to amend becomes apparent, they should inform their opponents of the proposed amendment.
• The court will balance the injustice to the applicant if the amendment is refused against the injustice to the opposing party if allowed.
• Authorities relevant to the facts of the case should be consulted to understand how the court is likely to approach the application.

Question 39

What is the general principle the court follows when deciding whether to grant permission to amend?

Answer 39

• The court must give effect to the overriding objective of dealing with cases justly and at proportionate cost (CPR 1.1).
• The court seeks a balance between injustice to the applicant if the amendment is refused and injustice to the opposing party if allowed.

Question 40

What limits exist on permission to amend the statement of case?

Answer 40

• Permission to amend will be refused if the amendment has no prospect of success.
• The court may reject amendments raising facts that are implausible, self-contradictory, or unsupported by documentation.
• A party will not be permitted to raise speculative or invented allegations unsupported by evidence.
• If the required statement of truth for such an amendment cannot be given.

Question 41

What principles govern late amendments in court proceedings?

Answer 41

• Late amendments can potentially cause unfairness, putting parties on unequal footing and burdening the respondent with preparation tasks.
• The court aims to avoid postponing trials due to late amendments.
• The applicant must provide a compelling explanation for the delay and demonstrate the strength of the new case to justify the amendment.

Question 42

What are the principles set out in case law regarding late amendments?

Answer 42

Swain-Mason and ors v Mills & Reeve [2011] EWCA Civ 14 established that:

• The court is less ready to allow a very late amendment not resulting from late disclosure or new evidence.
• A heavy onus lies on the party seeking a late amendment to justify it concerning its position and others involved.
• The party must meet the full requirements of proper pleading, not merely suggest deficiencies can be rectified later.

Question 43

What are the amendments which add, remove, or substitute parties before the limitation period has expired?

Answer 43

• Amendments to add, remove, or substitute parties are governed by CPR 19.
• The main test is that the amendment is ‘desirable’ (CPR 19.2).
• The policy objective is to enable parties to be heard if their rights may be affected by a decision in the case, aligning with the overriding objective.
• Adding parties increases complexity, case management decisions, costs, and time.

Question 44

How are additional defendants brought into main proceedings?

Answer 44

When additional claims arise, the status in the main claim of the parties to the additional claim should be considered.

For example:
Claimant C sues Defendant D for misrepresentation regarding a £500,000 investment.
Defendant D brings an additional claim against E (financial advisers) for contribution/indemnity.
If C fails in their claim against D, they recover nothing from E, as E wasn’t joined in the main action. This illustrates the importance of adding necessary parties to avoid leaving a party exposed.

Question 45

What is required for adding a party to a claim?

Answer 45

• No one can be added as a claimant without their consent, which must be filed at court (CPR 19.4(4)). If someone refuses to be added as a claimant, they can be added as a defendant instead (CPR 19.3(2)).
• The court’s permission is always needed to add, remove, or substitute a party unless the claim form has not yet been served (CPR 19.4(1)).
• The decision to amend aligns with the overriding objective, and permission is typically granted on the condition that the amending party pays the costs of the amendment.

Question 46

What are the rules regarding amendments after the limitation period has expired?

Answer 46

• An amendment to add a new cause of action or party is deemed a separate action starting on the same date as the original action. - New parties take effect on the date the amended claim form is served unless otherwise ordered (CPR 19.4(9)).
• Generally, such amendments are not allowed (s.35(3) Limitation Act 1980), but exceptions include original set-offs or counterclaims.

Question 47

What is the general rule and the exceptions to post limitation amendment provisions?

Answer 47

The starting point is s.35 Limitation Act 1980, which generally does not allow such amendments.

Exceptions include when an original set-off or counterclaim is raised by amendment, and other specific provisions such as:
- s.33 Limitation Act regarding personal injury claims
- CPR 17.4 for general amendments
- CPR 19.6 for amendments that add or substitute a party.

Question 48

In what circumstances can a new cause of action be added after the limitation period?

Answer 48

A new cause of action can be added only if:

• The court directs that the limitation period will not apply in personal injury actions (s.33 Limitation Act 1980).
• The new cause of action is an original set-off or counterclaim (s.35(3) Limitation Act 1980).
• The new cause arises from the same or substantially the same facts as the original claim (s.35(5)(a) Limitation Act 1980).

Question 49

How does the court determine if an amendment arises out of the same facts?

Answer 49

• The court examines the alleged duty, breach, causation, and loss closely to determine the category of the proposed amendment.
• If a new distinct allegation is made, it will be considered a new cause of action requiring justification within the criteria.
• However, if the change only adds further instances of alleged breach or a new remedy, it will not constitute an additional cause of action.

Question 50

What are the requirements for adding or substituting parties to the claim post-limitation?

Answer 50

• Amendments that change the parties to an action are subject to both general amendment provisions and specific provisions for adding or substituting parties.
• New parties can be added despite the limitation period’s expiration only in limited situations (CPR 19.6). If the case does not fit these categories, the proposed amendment will not be allowed.

Parties may only be added or substituted after the limitation period if:
- The limitation period was current when the proceedings started; and
- The addition or substitution is ‘necessary’ (CPR 19.6(2)).
The necessity is established if the court finds that the new party is replacing a party mistakenly named, or if the original party has died or their interest has passed to the new party.

Question 51

How does the court differentiate between a name change and a different person, including the Sardinia Sulcis test?

Answer 51

• The court distinguishes between mistakes in name only and those resulting in a different person becoming a party. If the intended party is described adequately, an amendment may be allowed (CPR 19.6(3)(a)).
• The Sardinia Sulcis test examines whether the intended defendant has been identified by a specific description in the statements of case. If so, the court may permit the amendment; otherwise, it cannot.

Question 52

What are the court’s powers regarding mistakes as to parties after the limitation period has expired?

Answer 52

The court can allow amendments if:

• There is a genuine mistake that causes no reasonable doubt as to the identity of the party (CPR 17.4(3)).
• The intended party is adequately described but was incorrectly named (CPR 19.6(3)(a)).
• However, if the identity is not adequately described, the court cannot allow the amendment.

Question 53

What is the format of an amended statement of case?

Answer 53

The amended statement must:
- Not show the original text unless ordered (17 PD 2.2).
- Use either coloured amendments or a numerical code for changes.
- Follow the order of colours for successive amendments: red, green, violet, and yellow.
- Include an appropriate endorsement and be verified by a statement of truth (CPR 22.1(2)) unless the court orders otherwise.

Additional amendments to existing statements may occur after service of the amended statement.

Question 54

What is the purpose of ‘obtaining further information’ CPR 18?

Answer 54

• Allows a party to obtain further information from the other party to clarify or provide additional details on any matter that is in dispute within the proceedings.
• While the dispute is often referenced in the statements of case, the court’s power is not restricted to only matters mentioned in these statements.
• The requests should focus on matters that are reasonably necessary and proportionate to help the requesting party prepare its case or understand the case it is defending against.

Question 55

When might a party wish to request further information under CPR 18?

Answer 55

• To obtain admissions (though this is uncommon).
• To reveal potential weaknesses in the opposing party’s case.
• To gather information the other party needs to prove to substantiate their claim.
• To obtain advance insight into witness testimony before witness statements are exchanged.
• To clarify the opposing party’s case, which can prevent them from deviating from it later.
• To narrow down the issues between the parties, helping to save time and costs.

Question 56

What is the process for making a voluntary request for further information?

Answer 56

• A party should first attempt to obtain information voluntarily from the other party before seeking court intervention (18 PD 1).
• The requesting party serves a written request to the other party, setting a reasonable deadline for a response.
• The request must be concise and only address matters that are reasonably necessary and proportionate for the requesting party to prepare its case or understand the opposing party’s position. CPR also outlines the format and layout for such requests.

Question 57

How should a party respond to a request for further information under CPR 18?

Answer 57

• The response must be written, signed, and dated, including a statement of truth (18 PD 2).
• The responding party must send the response to the requesting party and file it with the court.

If the party objects to providing the requested information, they must notify the requesting party, explaining the reasons for the objection, and do so within the time frame specified in the request.

If complying with the request would incur disproportionate expense, the party must provide reasons for why the request is irrelevant, disproportionate, unnecessary, or privileged (18 PD 4).

Question 58

What are the circumstances for applying to the court for further information under CPR 18?

Answer 58

• A court order may be sought to clarify or provide additional information on any matter in dispute, whether or not the matter is contained in the statements of case (CPR 18.1).
• The requesting party may apply to the court if the opposing party has either failed to respond or objected to the request (18 PD 1.1).
• Applications should be made as interim applications under CPR 23 and 18 PD 5.

If the opponent has not responded after 14 days, the application may be made without notice, and the court can handle the application without a hearing.

Question 59

What are the restrictions on using further information obtained through CPR 18?

Answer 59

The court may direct that any further information provided voluntarily or under a court order may only be used for the current proceedings and not for any other purposes (CPR 18.2). This limits the scope of how the information can be utilised outside the ongoing litigation.