Multiples causes of action, CC and Additional Claims

Question 1

any number of C’s/Ds may be joined as parties to a claim. T/F?

Answer 1

T

Question 2

When will Addition / removal of parties within limitation be allowed?

Answer 2

add - where DESIRABLE to resolve all matters OR issue connected to matters in dispute, desirable to add to solve
remove - interest/liability passes to a new party, desirable to substitute

Question 3

Procedure for adding parties

Answer 3

• application for permission (by existing party/new party)
• made without notice, with evidence
• nobody may be added/subd as C unless C gives consent

Question 4

order for removal/addition/substitution

Answer 4

must be served on all parties
and court may give subsequent directions

Question 5

additional/sub of parties AFTER END of limitation

Answer 5

where it is NECESSARY
necessary = mistake in name, claim cannot properly proceed without, og party died/bankrupt - takes into account DELAY

Question 6

Sardinia Sulcis Test

Answer 6

Is it possible to ID D from specific description, specific to that case? e.g Director of X company at X time?

Question 7

When may a D issue a counterclaim?

Answer 7

without permission if filed with defence
with court permission if filed at any other time

Question 8

Where a D wishes to bring their counterclaim against a person other than C, they must

Answer 8

apply to court for an order that they be added as another party (20.5)

Question 9

additional claims against non-existent parties (except CC/contribution/indemnity against existing party) - when may D make claim and when is it issued?

Answer 9

claim issues when court issues claim form
D may make additional claim
- without permission if before/at time of filing D
- with permission at any other time

Question 10

matters court will have regard to when considering additional claim should be separate?

Answer 10

• connection to main claim
• seeking substantially the same remedy?
• additional C want Q answered in connection with main claim

Question 11

application to issue additional claim must inlcude

Answer 11

details of
- stage of proceedings (timetable)
-nature of additional claim / details of Q/issue to be decided
- summary of facts
- name and address of proposed additional party
- explanation of delay

Question 12

case management where additional claim is defended - court may hear it at case management hearing and can…

Answer 12

• treat as summary judgment hearing
• order additional claim to be dismissed
• give directions about management/decision/binding nature