DR 7 - Statement of Case II Flashcards
Can a counterclaim be brought against a party other than the claimant?
Yes, but only if the third party is connected and permission is obtained. They must be added to the case.
When is a counterclaim not a true counterclaim?
If it’s only against a third party and not the claimant—it becomes a separate claim, not a counterclaim.
What is a contribution claim?
A claim to recover part of the amount a defendant is liable to pay—based on shared liability.
What is an indemnity claim?
A claim to recover the full amount the defendant has to pay, often based on a contract.
How is a claim for contribution/indemnity from an existing party made?
By filing and serving a contribution notice after acknowledging service or filing a defence.
When can a defendant make other types of additional claims?
Against any party (existing or new), claiming a remedy related to the main claim, typically tied to the outcome of the main proceedings.
What is an example of an additional claim?
D is sued by C for misrepresentation. D then brings a claim against E (their accountant) for misleading advice.
What is the process for counterclaims or additional claims?
What does the court consider in case management of additional claims?
Efficiency, connection to main claim, potential for inconsistent judgments, and party notification.
How are parties named in additional claims?
Original parties keep their roles; new parties are ‘Third Party,’ ‘Fourth Party,’ etc.
What happens if someone fails to respond to an additional claim?
They may be bound by the judgment but default judgment is rare, unless it’s a counterclaim.
When is a statement of truth needed for amendments?
Always—unless the court orders otherwise.
Who pays the costs of amendments?
The amending party, especially if adding/substituting parties.
When can a party amend without permission?
Before serving the statement of case (including claim form).
When can a party amend by consent?
Anytime, with written consent from all other parties.
What if consent isn’t given after service?
Must apply to the court for permission with an amended draft and application notice.
When might the court refuse permission to amend a defence?
If the new version is implausible, speculative, or unsupported by evidence.
What factors does the court consider for late amendments?
- Reason for delay
- Impact on trial
- Whether it furthers justice
- If it risks postponing trial
What is the ruling in Swain-Mason on late amendments?
Courts are cautious; applicants bear a heavy burden to justify timing.
When can a party be added/substituted after limitation has expired?
Only if: * The claim was in time when issued * It’s necessary (e.g. mistake in name, change in capacity)
Can a new cause of action be added after limitation expires?
Only if it arises from substantially the same facts as the original claim.
When is the court powerless to allow an amendment?
If the party was not identified in the original claim with enough specificity.
What is an example of a permissible name change?
Mistaking ‘Daryl’ for ‘Darren’ Boardman when the intent to sue the driver is clear.
What is an example where amendment is not allowed?
Naming Sarah Boardman (registered keeper) with no indication of the intent to sue the driver.
How should amended documents be formatted?
- Colour-coded: (1) Red (2) Green (3) Violet (4) Yellow
- Endorsed with relevant CPR rule or court order
- Verified by a statement of truth
- No need to show original text unless ordered
Summary of amendment rules
What is the general rule for amendments before service?
No permission needed.
What is the general rule for adding/removing parties after service?
Court permission required.
What is the purpose of a request for further information?
To clarify matters in dispute, narrow issues, and understand the opposing case.
What are common reasons to request further information?
- Clarify opponent’s case
- Identify facts to be proved
- Pre-empt witness evidence
- Limit their ability to change case later
How should a request for further information be made?
- Voluntarily, in writing
- State a response date
- Be concise, relevant, and proportionate
How must the response to a request for further information be formatted?
- In writing
- Signed and dated
- Include a statement of truth
- Filed at court and served on the other party
What if the party objects to a request for further information?
Must explain objections in writing and within the response deadline.
When can the court be asked to order further information?
- When a party refuses to respond
- If the info is relevant, disputed, and necessary
- Application is made under CPR 23 & 18
What happens if a court orders further information?
- Party must respond within the court-specified time
- Info must be verified by a statement of truth
- Court may limit use of info to current proceedings
