DR - Counterclaims & 3rd parties Flashcards
How can a party request for further information about statements of case?
- Expected to do so on voluntary basis first, only applying to court if request can’t be resolved
- They serve a written request on other party stating date for response, including a statement of truth 📝📆
- If the other party objects, must do so within timeframe set out in request and give reasons 🤬
What is an additional claim
Any claim other than the claim made by the claimant against the defendant
Who can make an additional claim
The defendant
who should an additional claim be made to if the defendant wants a party connected to the CLAIMANT to be joined in their counter claim?
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)
who should an additional claim be made to if the defendant wants to claim an indemnity against another DEFENDANT?
The 3rd party
(used where D1 and D2 could both be liable)
Will a classic counterclaim by D need permission from the court if filed at the same time as the defence?
No
Will a classic counterclaim by D need permission from the court if filed after the defence?
Yes
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?
Always
(permission for this counterclaim is required both before and after defence is filed)
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?
No
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?
No
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?
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
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?
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).
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?
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).
How is permission to the court for additional claims made?
Normal interim procedure
How is a classic counterclaim served
With the defence set out after the defence as one document
What happens if a new D2 to an additional claim does not respond within 14 days?
D1 can request a default judgement against D2
What happens if an existing D2 to an additional claim does not respond within 14 days?
D1 cannot apply for a default judgement
What is an indemnity?
An additional claim by D for the whole of the sum due to someone else (i.e. C)
What is a contribution?
An additional claim by D for a part of the sum due to someone else (i.e. C)
When should an additional counterclaim be served?
- If no permission is needed: 14 days of it being issued
- If permission is required: the court will direct when
Who should an additional counter claim be served on?
- D2
- All other parties
