DR 6&7 - Statement of Case - Additional Claims

Question 1

What is an additional claim

Answer 1

Any claim other than the claim made by the claimant against the defendant

Question 2

Who can make an additional claim

Answer 2

The defendant

Question 3

who should an additional claim be made if the defendant wants a party connected to the CLAIMANT to be joined in their counter claim?

Answer 3

C and the 3rd party
(If there’s no connection between C1 and third party, then this would just be a new claim against the 3rd party)

Question 4

who should an additional claim be made if the defendant wants to claim an indemnity against another DEFENDANT?

Answer 4

The 3rd party
(used where D1 and D2 could both be liable)

Question 5

What is an indemnity?

Answer 5

An additional claim by D for the whole of the sum due to someone else (i.e. C)

Question 6

What is a contribution?

Answer 6

An additional claim by D for a part of the sum due to someone else (i.e. C)

Question 7

Will a classic counterclaim by D need permission from the court if filed at the same time as the defence?

Answer 7

No

Question 8

Will a classic counterclaim by D need permission from the court if filed after the defence?

Answer 8

Yes

Question 9

Will a counter claim by D against C AND a person other than C need permission from the court if filed at the same time as the defence?

Answer 9

Always
(permission for this counterclaim is required both before and after defence is filed)

Question 10

Will a claim by D for indemnity/contribution against a 3rd party already party to proceedings need permission from the court if filed at the same time as the defence?

Answer 10

No

Question 11

Will a claim by D for indemnity/contribution against a 3rd party newly joined to proceedings by someone other that D need permission from the court if filed within 28 days of D2’s defence?

Answer 11

No

Question 12

Will a claim by D for indemnity/contribution against a 3rd party already party to proceedings need permission from the court if filed at any other time as the defence?

Answer 12

Yes
Whether existing party but D did not originally include them in their defence
OR
Newly added party where D did not claim within 28 days of D2 filing their defence

Question 13

Will claims by D against a person not party to proceedings need permission from the court if filed at the same time as D serves the defence?

Answer 13

No
(these are normally claims against someone that C could have chosen to join the dispute as D2 but has chosen not to. D1 will want a claim against them to recover funds if D2 also had a part to play in the loss).

Question 14

Will claims by D against a person not party to proceedings need permission from the court if filed at any other time as D serves the defence?

Answer 14

Yes
(these are normally claims against someone that C could have chosen to join the dispute as D2 but has chosen not to. D1 will want a claim against them to recover funds if D2 also had a part to play in the loss).

Question 15

How is permission to the court for additional claims made?

Answer 15

Normal interim procedure

Question 16

When should an additional counterclaim be served?

Answer 16

• If no permission is needed: 14 days of it being issued
• If permission is required: the court will direct when

Question 17

Who should an additional counter claim be served on?

Answer 17

• D2
• All other parties

Question 18

How is a classic counterclaim served

Answer 18

With the defence set out after the defence as one document

Question 19

What happens C does not respond to a Counterclaim within 14 days?

Answer 19

D1 can apply for a default Judgement

Question 20

What happens if an existing D2 to an additional claim for a contribution/indemnity does not respond within 14 days?

Answer 20

D1 cannot apply for a default judgement

Question 21

What happens if a new D2 to an additional claim for a contribution/indemnity does not respond within 14 days?

Answer 21

• It will generally be bound by the decision at the main trial (i.e. D1 will be able to recover from D2 if D1 is liable).
• Cannot normaly request default judgement

Question 22

What must amendments to statements of case be verified by?

Answer 22

Statements of truth

Question 23

When can amendments be made to statements of case without courts permission or consent?

Answer 23

Before the statement of case is served

Question 24

What is an amendment by consent?

Answer 24

• Any statement of case can be amended at any time with consent of all other parties
• Court may still disallow any such amendments

Question 25

When does a party need court’s permission to amend a statement of case?

Answer 25

Statement of case has been served & written consent of all parties hasn’t been given

Question 26

How does a party get court’s permission to amend a statement of case?

Answer 26

Must file application notice with the court together with a copy of the proposed amended statement of case

Question 27

What should be done if permission is given for an amendment to a statement of case?

Answer 27

• The amended statement of case should be filed within 14 days of such order granting amendment
• Copy sent to every party to proceedings
• Must have an endorsement on it and
• Must be re-verified by statement of truth if substance has changed

Question 28

What is a late amendment?

Answer 28

One sought close to the trial date & court more likely not to allow it

Question 29

Can a claimant be added without their consent?

Answer 29

No

Question 30

who can make an application to add, remove or substitute a party?

Answer 30

• existing party
• person who wishes to become a party
• the court

Question 31

What needs to be filed at court to add, remove, substitute a party?

Answer 31

• the application notice
• an amended copy of the claim form & particulars of claim
• written consent of new claimant (if applicable)

Question 32

What are the criteria for adding, removing, substituting a party during the limitation period?

Answer 32

• it is DESIREABLE to add the new party

Question 33

What are the criteria for adding, removing, substituting a party outside the limitation period?

Answer 33

• new party is to be substituted for a party named in mistake for the new party
  OR
• claim cannot be carried on against the original party unless new party is added
  OR
• original party is dead or bankrupt and their interest has passed to a new party

Question 34

What happens if permission is granted to add, remove, substitute a party?

Answer 34

A copy of the order must be served on all parties