multiple causes of action counterclaims and additional claims Flashcards
What are multiple causes of action, counterclaims, and additional claims?
Multiple causes of action, counterclaims, and additional claims are situations that can arise during an existing legal claim where new legal matters need to be addressed.
What should be considered when new legal matters arise during an existing claim?
Viability, costs, and priority of the new matter should be considered as soon as it arises. Advice should be given to the client about how to proceed
What is the purpose of making new matters part of the original claim?
Making new matters part of the original claim saves time and costs and avoids inconsistent judgments.
What are the rules that are particularly relevant to the situations of multiple causes of action, counterclaims, and additional claims?
The rules that are particularly relevant are CPR 17, 19, and 20
What does CPR 17 allow for?
CPR 17 allows for amendments to statements of case, including correcting factual mistakes or changing a party’s case.
When is CPR 19 used?
CPR 19 is used when a claimant wants to add or substitute a party to an existing claim.
When is CPR 20 used?
CPR 20 is used when a defendant wants to make a claim against the claimant in response to the original claim.
What is joinder of claims?
Joinder of claims is the process of adding additional parties with related claims.
Why is it important to understand the rules of CPR 17, 19, and 20?
It is important to understand these rules and how they operate together to advise clients on the correct course of action.
