Introduction to multiple Causes of Action, Counterclaims and Additional Claims Flashcards
What is the primary rule governing the amendment of statements of case?
A) CPR 17
B) CPR 19
C) CPR 20
D) CPR 15
A) CPR 17
Explanation: CPR 17 governs how and when statements of case can be amended, including the addition of new claims or corrections of errors.
When can a defendant bring a counterclaim without needing the court’s permission?
A) Only before the claimant files their reply
B) If filed at the same time as the defence
C) Anytime before trial
D) If the claim is valued at less than £10,000
B) If filed at the same time as the defence
Explanation: CPR 20.4 allows a defendant to bring a counterclaim against the claimant without needing the court’s permission if it is filed at the same time as the defence.
A claimant wishes to amend their particulars of claim after the limitation period has expired. When will the court allow this?
A) If the amendment corrects a mistake in the party’s name and does not alter the identity
B) If the new claim arises from completely new facts
C) If the defendant consents
D) Under no circumstances
A) If the amendment corrects a mistake in the party’s name and does not alter the identity
Explanation: Under CPR 17.4, the court may allow amendments after the limitation period if the change corrects a mistake in the party’s name and the intended defendant was always clear.
Under CPR 19, which of the following is NOT a valid reason for adding a new party to proceedings?
A) The party is necessary to resolve all issues in dispute
B) The claimant wants to replace the existing defendant
C) The party has an interest in the claim and should be bound by the decision
D) The claimant wishes to add them to delay proceedings
D) The claimant wishes to add them to delay proceedings
Explanation: CPR 19 allows parties to be added or substituted where it is necessary for resolving the dispute, but not for procedural delay.
A defendant wishes to bring a claim against a third party for a contribution toward damages they may owe to the claimant. What type of additional claim is this?
A) A counterclaim
B) An additional claim for an indemnity or contribution
C) An application for summary judgment
D) A Part 8 claim
B) An additional claim for an indemnity or contribution
Explanation: Under CPR 20.6, a defendant may bring an additional claim against a third party seeking an indemnity or contribution toward any damages they may be required to pay to the claimant.
A claimant names the wrong defendant in a claim form but has been dealing with the correct party in all communications. The limitation period has now expired. Can the claimant amend the claim form?
A) Yes, if the mistake was in name only and there was no doubt as to the intended party
B) No, because the limitation period has expired
C) Yes, but only if the new defendant consents
D) No, because a new claim cannot be brought after the limitation period
A) Yes, if the mistake was in name only and there was no doubt as to the intended party
Explanation: Under CPR 17.4, amendments to substitute a defendant may be allowed if the mistake was genuine and the correct party was always clear.
A defendant makes a counterclaim. What must the claimant do in response?
A) File a reply to the defence
B) File a defence to counterclaim
C) Apply for the counterclaim to be struck out
D) Do nothing unless ordered by the court
B) File a defence to counterclaim
Explanation: Under CPR 15.8, a counterclaim is treated as a separate claim, and the claimant must file a defence to it within 14 days.
A claimant applies to add a new party to a claim after the claim form has been served but before the limitation period expires. On what basis should permission be granted?
A) If the amendment is necessary
B) If the amendment is desirable
C) If the new party agrees to be added
D) If the case is not close to trial
A) If the amendment is necessary
Explanation: Under CPR 19.2, the court allows amendments that are “necessary” to resolve the matters in dispute effectively.
A defendant fails to respond to a Part 20 additional claim within the applicable time limit. What is the consequence?
A) The defendant can still defend the additional claim but must apply for relief from sanctions
B) The defendant is deemed to admit the additional claim and is bound by the judgment on the main claim where relevant
C) The claimant must issue a new claim against the defendant
D) The defendant is automatically liable for damages
B) The defendant is deemed to admit the additional claim and is bound by the judgment on the main claim where relevant
Explanation: Under CPR 20.11, failure to respond to an additional claim results in deemed admission and binding effect from the main claim judgment.
When may a court order that a counterclaim be heard separately from the main claim?
A) If the counterclaim is more complex than the main claim
B) If the claimant requests it
C) If it would be more convenient or just to do so
D) If the counterclaim is for less than £10,000
C) If it would be more convenient or just to do so
Explanation: Under CPR 3.1(2)(e), the court has discretion to hear counterclaims separately if it would be just and convenient.
