Multiple Parties and Multiple Claims Flashcards
What is the limit on Claimants and Defendants?
Any number of claimants or defendants may be joined as parties to a claim.
Can parties be sued on the same claim form?
Yes- (19.1) a single claim form can be used by 1+ claimants to commence proceedings against any number of defendants.
Can parties in a claim be altered after service of the claim form?
No - after service of claim form, court permission is required to add, substitute or remove parties. Addition becomes subject to ‘desirability’ for justice.
Lewis v Daily Telegraph [1964]?
In a claim brought by 2+ claimants, they must act together to present a joint case throughout proceedings.
What is representative action?
Proceedings commenced or continued by or against 1 party as representatives of other parties where the true number would be inconvenient
What provides for representative action?
CPR 19.8
What is a party?
A human being or entity recognised by the law as the subject of rights and duties
Can parties be both claimant and defendant?
Generally no. Although it is POSSIBLE if they are one or the other in a different capacity.
What governs addition and substitution of parties?
CPR 19.2
When can the court add a new party to proceedings?
Where it is desirable to aid resolving the dispute OR there’s a new issue between existing party and new party.
When can the court substitute an existing party in proceedings?
When their liability has passed to the substitution and it is desirable to do so.
When can the court order any person to cease being a party?
When it is not desirable for that person to be a party to proceedings.
What are the court’s powers of addition, substitution and removal subject to?
The rules of limitation under 19.6 (change of parties after expiry of limitation).
Who can add, substitute or remove parties prior to service of the claim form?
The claimant can do so by amending their claim form before service without needing court permission.
What is required to become a claimant?
No one can become a claimant unless they have given written consent and filed it with the court. Obviously can be made Ds against their will.
What is meant by the ‘desirability’ of ADDING parties to proceedings?
DESIRABILITY = NO unnecessary complexity (2) superfluous claims (3) prejudice to parties opposing the addition (4) irrelevant issues to dispute.
If changing of parties after service of the claim form is disputed, what should happen?
Where there’s substantial dispute over joinder, or it may lead to delay or additional costs, a CMCH should be held on notice for the existing parties.
What happens when the court orders removal of a party?
C must then file an amended Part 7 Claim form and particulars and serve a copy of the removal order on all parties.
How many scenarios are there where a party may be substituted?
2: Passing of liability to new party, or desirability of change.
Until when may the court exercise its powers of joinder?
These powers extend past judgment, but to use them so that late would likely incur costs or be unfair.
Who can apply to add or substitute parties?
Existing parties or those who want to become parties apply to join under Part 23 (with evidence)
What happens when 2+ persons are jointly entitled to a remedy?
All persons entitled to the remedy must be made claimants; if they refuse they will be joined as defendants
What governs the procedure for adding or substituting parties?
CPR 19.4
What must be given to achieve an order from the court to gain a substitution order?
Applications for substitution orders should be made without notice and with evidence.
What must be given to gain court permission to alter parties?
An existing party or one who wishes to become one must file a Part 23 application supported by evidence.
How does a person become an added or substituted claimant?
They must give their consent in writing, as well as amended claim form and particulars and file with the court.
CPR 19.6?
How to substitute or add parties after expiry of the relevant limitation period
When may the court add or substitute parties AFTER expiry of limitation?
ONLY if (1) limitation hadn’t expired at onset of proceedings and (2) the addition or substitution is necessary
In what circumstances is adding or substituting a party after limitation “necessary”
(1) to rectify a mistake (2) OG party has died or gone bankrupt so liability has passed (3) claim can no longer go against OG party
How does adding or substituting parties after limitation in PI cases differ from normal cases?
When s.11 or s.12 (special time limits in PI or fatal accidents) doesn’t apply parties may be added and substituted.
What is the court’s power to add or substitute parties after expiry of limitation?
Discretionary. Even if the requirements of necessity and start of proceedings being within limitation are met, they do not HAVE to alter parties.
When is a party named on the claim form in mistake for the requested substitution party?
The mistake must be to the name of the new party rather than the identity of the party: but for the mistake, the new party would have been named.
What’s the Sardinia Sulcis test about?
The person who made the mistake of party name must have been directly responsible for the claim form.
BUT FOR THE MISTAKE, THE NEW PARTY WOULD’VE BEEN NAMED.
In the Sardinia Sulcis test, when is the court likely to refuse amendment of parties?
If they consider the mistake of name to have caused reasonable doubt over the identity of the new party.
What is the difference between a genuine mistake of name (17.4(3)) and a mistake under 19.6?
A mistake under 19.6 is more fundamental. Can only be cured by substitution and can cast doubt on the new proposed party
How does 19.6 work?
19.6(3) allows more than mere correction of a name unlike 17.4, and CAN provide for substitution of party.
What is the Sardinia Sulcis test?
Is it possible to identify the intended defendant “by reference to a description more or less specific to the particular case” - if it is, 19.6 applies and the court may substitute.
When will the court exercise their discretion in 19.6(3) and substitute?
When the Sardinia Sulcis test is satisfied and the claim can’t be carried on unless the new party is added or substituted.
CPR 20?
Counterclaims, additional claims to parties and non parties (contribution or indemnity), additional claims by 3rd parties.
What is the aim of CPR 20?
To ensure additional and counter claims are dealt with CONVENIENTLY and EFFECTIVELY.
What rules DO NOT apply to additional claims?
CPR 7.5 7.6 (serving CF time limits); 16.3(5) statement of value in CF; Part 26 (case management).
What rules DO apply to counterclaims but NOT to additional claims?
Part 12 (default judgments) and Part 14 (admissions) apply to counterclaims. Only 14.1-2 apply to additional claims.
What are rules 14.1 and 14.2?
The only rules in Part 14 (admissions) that apply to additional claims (party may admit the others truth in writing; request for judgment following admission).
How can D make a counterclaim against C?
D makes counterclaim against C by filing particulars. When done at same time as defence no court permission is required. After defence is filed, it is.
How does D make a counter claim against a 3rd party?
To file a counterclaim against someone not the claimant D must apply to court for an order to add an additional party
How does D make a contribution or indemnity claim?
When Ds filed acknowledgement of service or defence, they may claim contribution or indemnity against existing parties by filing and serving notice.
What should be included in notice of a contribution or indemnity claim?
A statement of the nature and grounds of the additional claim. This can be served without court permission if done with defence or within 28 days of a party being added.
When does 20.7 (procedure for additional claims) apply?
All additional claims except counterclaims against existing parties, contribution or indemnity.
At what point is an additional claim made?
An additional claim is made when court issues the appropriate claim form. If issued before or with defence, no court permission required.
How should an additional claim be served?
Must be served on the person against whom it is made within 14 days of the claim being issued by the court.
How should a counter claim against additional parties be served?
For counterclaims against additional parties, should be served on every party when a copy of defence is served.
What will the court consider when deciding whether to allow or separate an additional claim?
Connection between OG and additional claim; whether the remedy sought is substantially the same whether additional C wants the court to decide a question connected to main proceedings, or parties.
CPR 20.10?
A person on whom an additional claim is served becomes a party to proceedings if not already a party.
