Counterclaims and additional claims/Multiple causes of action Flashcards
Meaning of paying contribution
I will pay something towards the costs
Meaning of paying indemnity
I will pay all of it
Guy throwing chair in Westfield shopping centre – ‘I dare you to throw it’ ‘no I can’t, I’m scared to cause damage’ ‘well if you damages I’ll pay half’ and other guy says ‘I’ll pay all of it’
First guy is contribution - pay half
Second guy is indemnity - pay all of it
Sue first guy for contribution and sue second guy for indemnity
When will you file CC?
In reply to defence
When can you file CC at any other point when not being filed with defence?
With the permission of the court
CPR 20.4 - Example - Professional footballer met a girl in America and gave us everything to go travelling with her, flew back to UK with her to move in with her. 2 weeks after he landed, she broke up with him.
He ended up being kicked out of the house and started renting a place but didn’t take care of who he was renting from, he was renting a lodge in the garden from an old lady and didn’t realise that he’d signed a lodgers not a tenancy agreement.
Lodging agreement meant he couldn’t use the shower in the house, could only cook between 5-7pm etc.
Lodging agreement – you don’t have any rights
Lady said he’s been using too much electricity and that she wanted him out in a month and not going him his deposit back, by the time end of month came, he’d then paid rent again for the previous month.
She’s breaching her own terms as deposit wasn’t within deposit protection scheme.
When she files claim, he should file defence and CC.
CPR 20.5 – CC against someone else
Woman’s husband said I could leave house 2 weeks early, I want to CC. against him (a new party)
Would need courts permission, providing I haven’t filed CC with defence.
Let’s say there’s already parties to the proceedings but I want to file Contrib or Indem against them, I’m allowed to do this, providing I do it with my defence or I do it within 20 days of that person becoming part of the claim.
Old lady sued footballer, her husband said footballer could leave 2 weeks early, footballer is CCing against new party, providing its done with defence, no probs, otherwise need Cs permission.
Let’s say old lady sued footballer and other tenant, they’re all a party to the claim already, footballer can bring contrib or indem against old lady and other tenant, providing its been done with defence or within 20 days of other person becoming part of the claim.
19.4 – adding and substituting parties – cannot do this after CF has been served, without courts permission. Gonna apply for permission under part 23 - GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS.
