Multiple Causes of Action

Question 1

What is the limit to how many C’s or D’s can be joined as parties to a claim?

Answer 1

There is none

Question 2

What is the test for adding a new party to the proceedings in the general rule?

Answer 2

The court may add a party if it is desirable to resolve all the matters in dispute

Or

It is desirable to deal with a matter between the new party and an existing party which is connected to the matters in dispute

Question 3

What is the test for removing a party from the proceedings in the general rule?

Answer 3

It is not desirable for the party to remain a party to the proceedings

Question 4

What is the test for substituting a party in the general rule?

Answer 4

Liability has shifted to the new party

or

it is desirable to resolve the matters in dispute in the proceedings

Question 5

What is the CPRs position on a situation where two or more parties are jointly entitled to a remedy?

Answer 5

They must all be parties to the proceedings unless the court orders otherwise.

If a person does not agree to be a claimant, they must be made a defendant, unless the court orders otherwise.

Question 6

When is the court’s permission not needed to add, remove or substitute a party to proceedings?

Answer 6

If the claim form has not been served

Question 7

Who can make an application to amend the parties to a claim?

Answer 7

A party to the claim

a person who wishes to become a party to the claim

Question 8

What must an application for an amendment to the parties be supported by?

Answer 8

Evidence

Question 9

Which type of amendment application can be made without notice?

Answer 9

Substitution

(subs = someone else being liable, so doesn’t matter to the claimants)

Question 10

What must be given before someone can be added as a claimant?

Answer 10

The party being added must give their consent in writing

They must file that consent and the amended claim form and particulars of claim with the court before they are added.

Question 11

If an order is made adding someone as a claimant and they have not given their consent, are they a party?

Answer 11

Not until they file their written consent with the court

Question 12

Who does an order for the alteration of the parties need to be served on?

Answer 12

All parties and anyone the order affects

Question 13

When does an order to add a defendant take effect?

Answer 13

When the amending claim form is served on them

Question 14

Who is responsible for the costs of amendment of the parties?

Answer 14

The party making the application (unless the court orders otherwise)

Question 15

How is the general test for amendment of the parties altered by the limitation period being over?

Answer 15

The court may add or substitute a party only if

the limitation period was current when proceedings were started

and

the addition or substitution is necessary.

Question 16

What makes the addition or substitution necessary if it happens outside of the limitation period?

Answer 16

Three situations:

1) Liability has passed to the new party through death or bankruptcy
2) The original party was named in mistake of the new party
3) The claim cannot properly be carried on by or against the original party unless the change occurs

Question 17

What power does the court have to manage limitation periods with respect to personal injury claims for the purposes of adding or substituting a party?

Answer 17

The court can direct that s.11 and s12 (special time-limits for personal injury and fatal accidents) do not apply to the new party. This would be decided at trial.

Question 18

What is the meaning of named in mistake as it applies to the necessity test for addition or substitution outside the limitation period?

Answer 18

Can’t be mistaken as to the identity of the party. It must be mistake as to the name of the party.

But for the mistake, the new party should have been named originally

Question 19

What is a counterclaim?

Answer 19

A claim made by the defendant against the claimant

Question 20

What is an additional claim?

Answer 20

A claim apart from the claim made by the claimant against the defendant

Question 21

Can default judgment be given against an additional claim?

Answer 21

Only if a counterclaim

Question 22

When does D need permission to file the particulars of a counterclaim against C?

Answer 22

When they are not filed with D’s defence

Question 23

Does C need to acknowledge service of a counterclaim?

Answer 23

No

Question 24

What must D do if they wish to file a counterclaim against a party other than C?

Answer 24

Must apply to the court for the new party to be added as an additional party

This application can be made without notice, unless court directs otherwise

The claim form must then be served on all parties when a copy of the defence is served

Question 25

How can D make an additional claim without the court's permission? What two types of additional claims are excluded from this rule?

Answer 25

By issuing the claim at the same time as or before they file their defence. Cannot be an additional claim for contribution or indemnity Cannot be a counterclaim against an additional party Particulars must be served with the claim form

Question 26

How long after the additional claim form is issued by the court must it be served on the person it is made against? Two additional claims excluded from this rule

Answer 26

14 days after issuing. Cannot be an additional claim for contribution or indemnity Cannot be a counterclaim against an additional party

Question 27

How does the court decide whether an additional claim should be separate from the main claim?

Answer 27

Whether it makes sense to deal with them together - pretty self explanatory

Question 28

What happens if someone is served with an additional claim form?

Answer 28

They become a party, if they are not already.

Question 29

How can D make a claim for contribution or indemnity against another party to proceedings?

Answer 29

By filing a notice on them stating the nature and grounds of the additional claim

Question 30

When can D make a claim for contribution or indemnity without the court's permission?

Answer 30

They must have acknowledged service or filed a defence. Can be done without permission if filed with the defence or if against a party added to the claim later, within 28 days of that party filing their defence

Question 31

What should be filed along with an application to make an additional claim?

Answer 31

A copy of the proposed additional claim

Question 32

If the defendant to an additional claim files a defence and a case management hearing is called, what can the court treat this as?

Answer 32

Summary judgment hearing