Multiple Causes of Action, Counterclaims and Additional Claims Flashcards
What is an additional claim under CPR 20?
A. A claim brought by the original claimant against an additional party
B. Any claim other than the claim by the claimant against the defendant
C. A claim brought against a third party after judgment has been given
D. A claim for set-off against the claimant’s damages
B. Any claim other than the claim by the claimant against the defendant
Explanation: CPR 20 defines an additional claim as any claim made in the same proceedings that is not the original claim by the claimant against the defendant. This includes counterclaims and claims for contribution or indemnity.
A counterclaim is typically included in which document?
A. Claim Form
B. Reply to Defence
C. Defence and Counterclaim
D. Witness Statement
C. Defence and Counterclaim
Explanation: Under CPR 20.4, a counterclaim is generally included in the Defence and Counterclaim document. If filed later, court permission is required.
When does a defendant need permission to file a counterclaim?
A. If the counterclaim is filed after the defence has been served
B. If the counterclaim is for a specified amount
C. If the counterclaim is related to the same facts as the main claim
D. If the counterclaim is against the claimant only
A. If the counterclaim is filed after the defence has been served
Explanation: If a counterclaim is filed at the same time as the defence, no permission is required. However, if filed later, the court’s permission is needed under CPR 20.4(2).
A claimant sues a defendant for non-payment of an invoice. The defendant believes that the claimant supplied defective goods, causing business losses. What should the defendant do?
A. Issue a separate claim against the claimant
B. File a defence only and later sue the claimant
C. File a defence and counterclaim in the same proceedings
D. Apply for summary judgment
C. File a defence and counterclaim in the same proceedings
Explanation: The defendant should file a Defence and Counterclaim under CPR 20.4, asserting that the defective goods caused the losses. This avoids separate proceedings and saves time and costs.
The defendant in a breach of contract claim wants to claim an indemnity from their subcontractor, who is not a party to the case. How should they proceed?
A. File an application under CPR 17 to amend the defence
B. Issue a separate claim against the subcontractor
C. File an additional claim for an indemnity under CPR 20.7
D. Do nothing until the main claim is decided
C. File an additional claim for an indemnity under CPR 20.7
Explanation: If a defendant seeks indemnity from a third party, they should bring an additional claim under CPR 20.7, ensuring they can recover costs if they lose the main claim.
A claimant issues a claim against D1 and D2. D1 believes D2 is responsible for any liability and wants D2 to contribute to any damages. What type of claim should D1 make?
A. A counterclaim against D2
B. A Part 8 claim
C. An additional claim for a contribution under CPR 20.6
D. A separate claim in a different action
C. An additional claim for a contribution under CPR 20.6
Explanation: D1 should file a contribution claim against D2 under CPR 20.6, as it allows one defendant to seek reimbursement from another for part of the liability.
A defendant serves an additional claim on a third party under CPR 20.7. The third party does not respond. What happens next?
A. The additional claim is automatically dismissed
B. The defendant can apply for default judgment against the third party
C. The third party is deemed to admit the additional claim and is bound by the main claim’s judgment
D. The defendant must issue separate proceedings
C. The third party is deemed to admit the additional claim and is bound by the main claim’s judgment
Explanation: Under CPR 20.11, a third party who does not respond is deemed to admit the claim and will be bound by the judgment in the main claim so far as it is relevant to the additional claim
A homeowner is sued by a builder for unpaid fees. The homeowner wants to counterclaim for defective work and also make a claim against the architect, who was responsible for design flaws. How should the homeowner proceed?
A. File a defence and counterclaim against the builder and a separate claim against the architect
B. File a counterclaim against the builder and an additional claim against the architect in the same proceedings
C. File a counterclaim only and join the architect as a witness
D. Apply for a summary judgment against the builder
B. File a counterclaim against the builder and an additional claim against the architect in the same proceedings
Explanation: The homeowner can counterclaim against the builder under CPR 20.4 and bring an additional claim against the architect under CPR 20.7, ensuring all claims are heard together.
A claimant sues a company, but the company believes its insurer should cover any damages. The company wants to bring a claim against the insurer within the same proceedings. What must the company do?
A. File an additional claim against the insurer under CPR 20.7
B. Wait until the main claim is resolved and then sue the insurer
C. Apply for a strikeout of the claim and start a new claim against the insurer
D. Ask the claimant to amend the claim form to include the insurer
A. File an additional claim against the insurer under CPR 20.7
Explanation: The defendant should bring an indemnity claim against the insurer under CPR 20.7, ensuring that if found liable, the insurer covers the damages.
A claimant sues a defendant for breach of contract. The defendant wants to file a counterclaim but has already filed its defence. What must the defendant do?
A. File the counterclaim at any time without restriction
B. Issue a separate claim against the claimant instead of a counterclaim
C. Amend the defence to include a counterclaim without permission
D. Apply to the court for permission to file the counterclaim
D. Apply to the court for permission to file the counterclaim
Explanation: Under CPR 20.4(2), a counterclaim must be included with the defence. If the defendant has already filed the defence and now wants to bring a counterclaim, they must apply to the court for permission before doing so. This ensures fairness and proper case management.
