Additional Claims & Multiple Courses of Action

Question 1

Reasons to request further information

Answer 1

1. Admissions (rare);
2. Reveal weaknesses in the others’ case;
3. Information about facts that need proving;
4. Clarification;
5. Narrow issues between the parties.

Question 2

Making a request for further information

Answer 2

1. Ask other party in writing first before applying to the court. The request should be confined to matters necessary and proportionate to enable the requesting party to prepare its own case.
2. Interim application. Court can order any information be disclosed including information outside the statements of case. If the other party hasn’t answered in 14 days the application can be made without notice and determined without an oral hearing.

Question 3

Responses to requests for further information (requirements)

Answer 3

Written, dated, signed and including a statement of truth. If the party objects to giving the information it must be reasons and within the timeframe set out in the request.

Question 4

Can default judgment be entered against an existing party where the party doesn’t reply to a notice of contribution/indemnity?

Answer 4

No

Question 5

Requirements when serving a claim to an additional party i.e. 3P

Answer 5

Include a response pack, copy of all statements of case and any other document directed by the court.

A copy of the 3P claim form must also be served on every existing party.

Question 6

Effect of no response by 3P when served with an additional claim

Answer 6

Deemed to admit and bound by decision given at trial.

Question 7

When can a party amend its statements of case without court permission?

Answer 7

Before they have been served.

Note – amendments to claim form can be between issue and service.

Question 8

Can a party amend its POC after service?

Answer 8

1. Written consent of all the parties;
2. Absent consent, court leave is required.

Question 9

Can a party amend its POC after service?

Answer 9

1. Written consent of all the parties;
2. Absent consent, court leave is required.

Note – party must file a notice with the court with proposed amendments. Amendments should be filed by the applicant within 14 days of the order granting permission.

Question 10

Requirements for amendments to be allowed by the court

Answer 10

1. Some prospect of success;
2. Supported by evidence.

Question 11

Late amendments – principles/requirements

Answer 11

Test – amendment must be desirable.
1. Court shouldn’t be ready to allow very late amendments.
2. Heavy onus on party seeking amendment.
3. Party cannot rectify deficiencies by further information.

Question 12

When can a party be added to a claim as a claimant?

Answer 12

With their consent only.

Question 13

When is court permission required to add/remove/substitute a party?

Answer 13

Once the claim form has been served.

Note – permission is generally given and the amending party bears the costs.

Question 14

Position in relation to post-limitation amendments.

Answer 14

Starting point is that they are not allowed.

Question 15

Adding causes of action post-limitation

Answer 15

1. Court states that limitation period will not apply in personal injury actions.
2. New COA is an original set-off or counterclaim.
3. New COA arises from substantially the same facts as the claim already in issue.

Question 16

Adding/substituting parties post-limitation – requirements

Answer 16

1. Limitation period current when proceedings started.
2. Addition/substitution is necessary.

Question 17

When will an addition/substitution will be “necessary” post-limitation? (test)

Answer 17

Necessary only if:
1. New party substituted for another named in claim form by mistake;
2. Claim cannot properly continue without the substitution; or
3. Original party dies/bankrupt and interest has passed to new party.

Sardinia test applies.