Multiple causes of action, counterclaims & additional claims Flashcards
What are the different types of additional claims?
20.4 - A counterclaim by the defendant against the claimant
20.5 - A counterclaim by the defendant against the claimant and some other person.
20.6 - An additional claim by the defendant against any person (already a party to the proceedings) claiming a contribution or indemnity.
20.7 - An additional claim by the defendant against any person (already party to the proceedings) claiming some remedy other than a contribution or indemnity.
20.7 - An additional claim by a defendant against any person (not already party to the proceedings) claiming a contribution or an indemnity or some other remedy.
20.7 - An additional claim being made by a party which has itself been joined to the main proceedings pursuant to CPR20.
When might the right to contribution arise?
A right to contribution might arise in tort, contract or under the Civil Liability (Contribution) Act 1978 e.g. a road-traffic accident case, that Act might give a driver being sued by an injured pedestrian the right to seek a contribution from another driver who contributed to the accident.
When will the right to an indemnity arise?
A right to indemnity will often arise in a contract or some other statutory provision. For example, a defendant being sued for professional negligence might have a contractual right to claim an indemnity from his insurers. For the purposes of the CPR an indemnity is equivalent to a 100% contribution.
What is the structure/form of a classic counterclaim (20.4)?
It will usually take the form `particulars of counterclaim’.
The defence and counterclaim should normally form one document, with the counterclaim following on from the defence.
As the defence and counterclaim form one document, they are filed and served together (in accordance with the specified time limits for defences).
Is permission required to pursue a 20.4 counterclaim?
No permission required if served with the defence.
Permission needed if filed at any other time.
For 20.5 to succeed what must be satisfied?
That there is some connection between the claimant and third party in respect of the counterclaim.
Is permission required to pursue a 20.5 counterclaim?
Yes, it is always required.
What structure and form does a 20.5 counterclaim take?
Issued by an N211 claim form which is similar to the normal claim form.
The court will give directions as to when the notice should be served.
Is permission required to pursue a 20.6 additional claim?
No permission is needed if filed and served at the same time/with the defence or if the additional claim is made against a party who is added to the claim at a later date, within 28 days after that party files their defence.
If filed at any other time, permission is needed.
What structure and form does a 20.6 additional claim take?
It is made by serving the appropriate notice. If done in circumstances when the court’s permission is not required, the notice is filed and served with the defence.
There is no set form for making a 20.6 claim (i.e. no equivalent to the N1 claim form).
Is permission required to pursue an additional claim under 20.7?
Permission is not required if the additional claim is issued before or at the same time as the defence is filed.
If filed at any other time permission is needed.
What structure and form does a 20.7 additional claim take?
Issued by an N211 claim form which is similar to the normal claim form.
If such an additional claim is made without the court’s permission, the claim form should be served on the person against whom it is made within 14 days of it being issued.
If an additional claim is served on someone who is not already a party to the proceedings, what must it be accompanied by?
*A response pack; and
*A copy of every statement of case and any other documents that the court directs
A copy of the additional claim form must also be served on every existing party.
How is permission to pursue a counterclaim applied for?
Permission is applied for using the `normal’ interim application procedure. The Application Notice will be accompanied by a draft order and evidence in support which will include details of the stage the main claim has reached, details of the additional claim, a summary of the relevant facts, explanation of any delay and the name and address of any proposed party.
Where the defendant to an additional claim files a defence, other than a counterclaim, what will the could arrange?
The court will arrange a hearing to consider the case management of the additional claim.
Notice of the hearing will be given to any party likely to be affected by any order made at it – in most cases it will be all of the parties. The court may treat the hearing as a summary judgment hearing, dismiss the additional claim or give directions on the way any claim or issue should be dealt with.
