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.