Multiple Causes of Action, Counterclaims and Additional Claims Flashcards
What is the definition of an additional claim?
Any claim other than claim by C against D
Is counterclaim an additional claim?
Yes
What are the types of additional claims?
- Counterclaim by D against C
- Counterclaim by D against C and someone else
- D against another person claiming contribution or indemnity
- D against other person claiming another remedy
Is C bringing a further claim to original an additional claim?
No
What is contribution?
Right of someone to recover from third party all or part
What is indemnity?
Where a party promises to compensate another for a specific loss
What are the main statements of case that will exist in every defended claim?
The claim form
The particulars of claim
The defence
What are additional claims treated as?
Treated as a claim
What must the party served with an additional claim file?
A defence
In what situation can a D make a counterclaim against a person other than C?
If there is some connection between C and third party
What if there is no connection between C and third party in counterclaim?
Then D would simply issue an entirely separate action
What relationship could you see a counterclaim against a person other than a claimant?
Builder and architect
Where does a right to contribution arise from?
Tort, Contract, or Civil Liability (Contribution) Act 1978
Where does a right to an indemnity arise from?
Often, from a contract or statutory provision
What is a crucial hallmark of claiming contribution / indemnity?
Party pursuing claim is seeking to recover something which it is itself obliged to pay to someone else
What is a contribution notice?
Serving of notice for a claim of contribution / indemnity against an existing party on that party
When is permission not needed / needed for classic counterclaim?
Not needed: Filed at same time as defence
Needed: If filed at any other time
When is permission not needed / needed for counterclaim against another person other than C?
Always needed
When is permission not needed / needed for claims of contribution or indemnity from an existing party and other additional claims?
Not needed: If filed and served at same time as defence
Needed: If filed at any other time
What is structure and form of classic counterclaim?
Particulars of counterclaim – filed with defence on page after
What is structure and form of claim for contribution or indemnity from existing party?
Must serve appropriate notice
No set form
Notice typically filed and served with defence if no permission needed
If permission needed, court would give directions
Is there a standard structure and form of claim for other additional claims other than standard counterclaim?
When must it be served?
Yes, Form N211
Within 14 days of claim being issued
What must an additional claim for a party not in proceedings include once served?
1) A response pack; and
2) A copy of every statement of case and other documents that court directs
When will a court hold a hearing to consider case management and additional claim?
Where D to an additional claim files a defence other than to a counterclaim
