Multiple Causes of Action, Counterclaims and Other Additional Claims Flashcards
true or false:
any number of claimants or defendants may be joined as parties to a claim
true
When does 19.2 apply and when does this not apply?
applies where a party is to be added or substituted except where the case falls within rule 19.5
when may the court order a person to be added as a new party?
if it’s desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or
there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue.
true or false:
the court may order any person to cease to be a party if it isn’t desirable for that person to be a party to the proceedings
true
when may the court order a new party to be substituted for an existing party?
(a) the existing party’s interest or liability has passed to the new party;
(b) it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.
true or false:
All persons jointly entitled to the remedy claimed by a claimant must be parties unless the court orders otherwise.
true
true or false:
If any such person does not agree to be a claimant, he must be made a defendant, unless the court orders otherwise.
true
does rule 19.3 apply to probate proceedings
No
true or false:
The court’s permission is required to remove, add or substitute a party, unless the claim form has not been served.
true
Who can make an application for permission under 19.4(1) and what must it have?
it must be made by an existing party or a person who wishes to become a party and it must be supported by evidence and made under part 23
true or false:
an application for an order under 19.2(4) can be made without notice and it must be supported by evidence.
true
what two things must be satisfied before a person can be added or substituted as a claimant?
they have given their consent in writing; and
that consent and the proposed amended claim form and particulars of claim have been filed with the court.
true or false:
if an order is made adding or substituting a person as a claimant prior to the filing of their consent the order and the addition or substitution of the new party as claimant shall not take effect until the signed written consent of the new claimant is filed.
true
true or false:
the commissioners for HM Revenue and Customs may, where a dispute between other parties may have tax consequences be added as party to proceedings if they consent in writing.
true
an order for the removal, addition or substitution of a party must be served on what?
all parties to the proceedings; and
any other person affected by the order.
True or false:
when the court makes an order for the removal, addition or substitution of a party, it may give consequential directions.
true.
true or false:
a new defendant doesn’t become a party to the proceedings until the amended claim form has been served on them.
true
true or false:
a party applying to add a new party by amendment shall be responsible for the costs of and arising from the amendment unless the court decides otherwise?
true
true or false:
the court may remove, add or substitute parties in existing proceedings on its own initiative.
true.
when does rule 19.6(1) apply?
it applies to a change of parties after the end of a period of limitation under the limitation act 1980
the foreign Limitation period act 1984
any other enactment which allows such a change or under which such a change is allowed.
when might a court add or change a party under 19.6?
if the relevant limitation period was current when the proceedings were started and
the addition or substitution is necessary.
When are the court satisfied that the addition or substitution of a party is necessary?
that the new party is to be substituted for a party who was named in the claim form in mistake for the new party
the claim can’t properly be carried on by or against the original party unless the new party is added or substitued as C or D or
the original party has died or has a bankruptcy order made against them and their interest or liability has passed to the new party.
true or false:
the Sardinia test doesn’t infringe article 6 of the ECHR?
true
what is the test as highlighted by the Sardinia Sulcis case in relation to substituting parties after the limitation period ends?
is it possible to identify the intended D by reference to a description more or less specific to the particular case.
what does 20.1 ensure?
enables counterclaims and other additional claims to be managed in the most convenient and effective manner
what does CPR 20 apply to?
counterclaims by D against C or against C and maybe another person.
an additional claim by a defendant against any person for contribution or indemnity or some other remedy.
where an additional claim has been made against a person who isn’t already a party any additional claim made by that person against any other person
what does part 12 and part 14 only apply to?
counterclaims and not to other additional claims.
true or false:
under 20.3, an additional claim shall be treated as if it were a claim for the purposes of these rules except as provided by this part.
true.
which rules don’t apply to additional claims?
rules 7.5 and 7.6
rule 16.3 (5)
part 26
what are the only rules that apply to additional claims?
rules 14.1 and 14.2
rules 14.1(2) and 14.2(4)
when may D make a counterclaim against C?
by filing a particulars of the counterclaim.
when may D make a counterclaim against C
without court’s permission if D files the counter claim with the defence; or
at any other time with the court’s permission
What does part 10 not apply to?
to a claimant who wishes to defend a counterclaim
true or false:
subject to rule 20.7, D who wishes to counterclaim against a person other than C must apply to the court for an order that that person be added as an additional party.
true.
when can an order application under 20.5(1) be made?
without notice unless the court directs otherwise.
when the court makes an order under 20.5(1), what will it give?
directions as to the management of the case.
true or false:
A defendant who has filed an acknowledgment of service or a defence may make an additional claim for contribution(GL) or indemnity(GL) against a person who is already a party to the proceedings by filing and serving on that party a notice containing a statement of the nature and grounds of the additional claim.
true.
when may D file and serve a notice under 20.6?
without the court’s permission, if D files and serves it with the defence or if the additional claim for contribution or indemnity is against a party added to the claim later within 28 days after that party files their defence or at any other time with the court’s permission.
when does 20.7 does apply to?
a counterclaim only against an existing party; and
a claim for contribution or indemnity made in accordance with rule 20.6
when is an additional claim made?
when court issues the appropriate claim form
when may a defendant make an additional claim?
without the court’s permission if the additional claim is issued before or at the same time as they file their defence;
at any other time with the court’s permission.
true or false:
Particulars of an additional claim must be contained in or served with the additional claim.
true
true or false:
An application for permission to make an additional claim may be made without notice, unless the court directs otherwise.
true
where an additional claim may be made without the court’s permission, when and who must the claim form be served?
(a) in the case of a counterclaim against an additional party only, be served on every other party when a copy of the defence is served;
(b) in the case of any other additional claim, be served on the person against whom it is made within 14 days after the date on which the additional claim is issued by the court.
true or false:
Paragraph (1) does not apply to a claim for contribution(GL) or indemnity(GL) made in accordance with rule 20.6.
true
true or false:
Where the court gives permission to make an additional claim it will at the same time give directions as to its service.
true
when does rule 20.9 apply?
when the court is considering whether to permit an additional claim to be made or dismiss an additional claim or require n additional claim to be dealt with separately from the claim by the claimant against the defendant.
what matter which the court may consider include?
(a) the connection between the additional claim and the claim made by the claimant against the defendant;
(b) whether the additional claimant is seeking substantially the same remedy which some other party is claiming from them; and
(c) whether the additional claimant wants the court to decide any question connected with the subject-matter of the proceedings—
(i) not only between existing parties but also between existing parties and a person not already a party; or
(ii) against an existing party not only in a capacity in which they are already a party but also in some further capacity.
true or false:
A person on whom an additional claim is served becomes a party to the proceedings if they are not a party already.
true
true or false:
Where an application is made for permission to make an additional claim the application notice should be filed together with a copy of the proposed additional claim.
true
An application for permission to make an additional claim must be supported by evidence stating what?
(1)the stage which the proceedings have reached,
(2)the nature of the additional claim to be made or details of the question or issue which needs to be decided,
(3)a summary of the facts on which the additional claim is based,
(4)the name and address of any proposed additional party; and
(5)an explanation for any relevant delay.
true or false:
Where possible the applicant should provide a timetable of the proceedings to date.
true
true or false:
Where the defendant to an additional claim files a defence, other than to a counterclaim, the court will arrange a hearing to consider case management of the additional claim. This will normally be at the same time as a case management hearing for the original claim and any other additional claims.
true
true or false:
The court will give notice of the hearing to each party likely to be affected by any order made at the hearing.
true
at the hearing, what may the court do?
(1)treat the hearing as a summary judgment hearing,
(2)order that the additional claim be dismissed,
(3)give directions about the way any claim, question or issue set out in or arising from the additional claim should be dealt with,
(4)give directions as to the part, if any, the additional defendant will take at the trial of the claim,
(5)give directions about the extent to which the additional defendant is to be bound by any judgment or decision to be made in the claim.
true or false:
The court may make any of the orders in 5.3(1) to (5) either before or after any judgment in the claim has been entered by the claimant against the defendant.
true
true or false:
Where a defendant to a claim serves a counterclaim, the defence and counterclaim should normally form one document with the counterclaim following on from the defence.
true
true or false:
Where a claimant serves a reply and a defence to counterclaim, the reply and the defence to counterclaim should normally form one document with the defence to counterclaim following on from the reply.
true.
true or false:
Where there are additional claims which add parties, the title to the proceedings should comprise a list of all parties describing each by giving them a single identification. As far as possible, this identification should be used throughout.
true
what should C’s and D’s in the original claim be referred to?
they should always be referred to as such in the title to the proceedings even if they subsequently acquire an additional procedural status
true or false:
Additional parties should be referred to in the title to the proceedings in accordance with the order in which they are joined to the proceedings, for example “Third Party” or “Fourth Party”, whatever their actual procedural status.
true
if an additional claim is brought against more than one party jointly, what should they be referred to?
they should be referred to as 1st named party or 2nd named third party
true or false:
In group litigation, the court should give directions about the designation of parties.
true
true or false:
All parties should co-operate to ensure that two parties each making additional claims do not attribute the same nominal status to more than one party.
true
true or false:
In proceedings with numerous parties, the court will if necessary give directions as to the preparation and updating of a list of parties giving their roles in the claim and each additional claim.
true
true or false:
If an additional party ceases to be a party to the proceedings, for example because the claim against that party is discontinued or dismissed, all other additional parties should retain their existing nominal status.
true
true or false:
In proceedings where there are additional parties, the description of all statements of case or other similar documents should clearly identify the nature of the document with reference to each relevant party.
true
true or false:
In proceedings where there are Fourth or subsequent parties, additional parties should be referred to in the text of statements of case or other similar documents by name, suitably abbreviated if appropriate. If parties have similar names, suitable distinguishing abbreviations should be used.
true.
