DR - Counterclaims & 3rd parties

Question 1

How can a party request for further information about statements of case?

Answer 1

• 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 🤬

Question 2

What is an additional claim

Answer 2

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

Question 3

Who can make an additional claim

Answer 3

The defendant

Question 4

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?

Answer 4

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 5

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

Answer 5

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

Question 6

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

Answer 6

No

Question 7

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

Answer 7

Yes

Question 8

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 8

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

Question 9

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 9

No

Question 10

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 10

No

Question 11

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 11

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 12

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 12

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 13

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 13

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 14

How is permission to the court for additional claims made?

Answer 14

Normal interim procedure

Question 15

How is a classic counterclaim served

Answer 15

With the defence set out after the defence as one document

Question 16

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

Answer 16

D1 can request a default judgement against D2

Question 17

What happens if an existing D2 to an additional claim does not respond within 14 days?

Answer 17

D1 cannot apply for a default judgement

Question 18

What is an indemnity?

Answer 18

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

Question 19

What is a contribution?

Answer 19

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

Question 20

When should an additional counterclaim be served?

Answer 20

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

Question 21

Who should an additional counter claim be served on?

Answer 21

• D2
• All other parties