Adding an additional claimant Flashcards
What are the 4 types of additional claiamts and their CPR section
20.4 - classic counterclaim
20.5 - counterclaim against a person other than a claimant
20.6 - claim for a contribution or indemnity from an existing party
20.7 - other additional claims
What are the conditions of a 20.5 counterclaim against a claimant and some other party?
the counterclaim is against the claimant and another person at the same time
if the other party is not already in the main court then they need to be joined into the main claim as a third party so that the counterclaim can proceed
there must be some connection between the claimant and the third party in respect of the counterclaim
PERMISSION IS ALWAYS REQUIRED
What does a 20.6 and 20.7 additional claim relate to?
Relates to a defendant claiming a contribution or indemnity from someone else to cover any liability that might be owed
20.6 is for someone who is a party
20.7 is someone who is not yet a party
when does the right to contribution or indemnity arise?
Contribution - tort, contract or under Civil Liability Contribution Act
Indemnity - contract or other statutory provision
What are the conditions for a 20.6 claim for contribution or indemnity?
D is seeking to recover something he is obliged to pay to someone else
there must be other existing parties already involved in the action - must be more than a simple one claimant against one defendant
What are conditions for 20.7 claim for contribution or indemnity from a third party not yet part of the proceedings?
There needs to be a legal basis on which d can base the claim - case analysis is needed
issue is betwen the defendant and the third party - does not involve the claimant - but deo
when are court permissions required to add a claimant?
for 20.5 for counterclaims against a person other than a claimant- always
for 20.4, 20.6 and 20.7 not required if filed at the same time as a defence but required if filed at any other time
How is permission sought?
As a normal interim application procedure
Application notice
draft order
evidence in support of the claim
detail of the stage the main claim has reached
details of the additional claim
summary of facts
name and address of proposed party
explanation of any delay
What is the structure and form for a 20.6 claim for a contribution or indemnity from an existing party?
No set form
what is the structure and form for any other additional claims?
N211 form
if no permission required - form should be served on the party within 14 days of being issued
What happens if an additional claim is brought in who was not before a party to the claim?
That party must have a
response pack
copy of every statement of case and any other document that the court directs
a copy of the additional claim form must be served on every existing party
How are additional parties referred to?
In order of being brought in so
Third party
fourth party
What are the conditions for obtaining a default judgement on an additional claim?
Additional claim is treated as a claim - must file a defence and if not the defendant can apply for a default judgement as usual
If an existing party does NOT reply to a notice of contribution or indemnity then it is not possible to apply for a default judgement
