Multiple causes of action and CC + addi claims Flashcards
Example of contribution and indemnity
Guy throwing chair in westfield shopping centre -
‘I dare you to throw it’
A - ‘no I can’t, I’m scared to cause damage’
B - ‘I’ll pay half if its damaged’
C - ‘I’ll pay all of it’
B - contribution
C - indemnity
Sue B for contribution and C for indemnity
When do you file CC?
In reply to the defence
When can you do it at any other point, if not filed with defence?
Only with the permission of the court
CPR 20.4 Example
Professional footballer met girl in America and gave up everything to go travelling with her. Flew back to the UK to move in with her, two weeks later she broke up with him. He ended up being kicked out and started renting a place. He was renting a lodge in a garden from an old lady and didn’t realise that he’d signed a lodgers not a tenancy agreement.
Lodging agreement meant he couldn’t use the shower in the house and could only cook between 5-7 pm etc.
Lodging agreement - you don’t have any rights. Lady said he’s been using too much electricity and that she wants him out by the end of the month and won’t give him his deposit back. By the time the end of the month came, he’d paid his rent again.
Lady breaching her own terms as deposit wasn’t within deposit protection scheme. When she files a claim against him he should file a defence and counterclaim.
CPR 20.5 - CC against someone else:
Lady’s husband said he could leave house two weeks early; he should counterclaim against husband (a new party). However, he would need the courts permission providing he hasn’t filed CC with his defence.
Let’s say there’s already parties to the proceedings, but I want to file contribution or indemnity against them, I’m allowed to do this, providing I do it with my defence or within 20 days of that person becoming part of the claim.
Lady sued footballer and other tenant, they’re all a party to the claim already, footballer can bring contribution or indemnity against lady and other tenant providing it’s been done with defence or within 20 days of other person becoming part of the claim.
19.4 - Adding and substituting parties:
Cannot do this after claim form has been served without court’s permission.
Going to apply for permission under part 23 which is ‘general rules about applications for court orders’
Adding and removing parties after relevant limitation period:
What is Sardinia test?
Sardinia Sulcis test - the mistake must be as to the name of the party rather than as to the identity of the party.
