Proceedings Involving Three or More Parties and Multiple Causes of Action Flashcards
1
Q
Can put multiple causes together if the court thinks they can be…
A
…“conveniently disposed of in the same proceedings”
- Single claim form
- Ref overriding objective
2
Q
Multiple claimants must…
A
- Consent to being Cs
- Should otherwise be added as Ds
3
Q
Common or related issues of fact…
A
…can be joined in one set of proceedings
4
Q
Court permission required if proceedings served, but can:
A
- Add a new party (where desirable to resolve all matters in dispute)
- Substitute a party (where existing party’s interest has passed and desirable)
5
Q
Additional claims
A
- Counter-claim
- Against third party
- By a new party
- Particulars must be served with the claim form and served on 3rd party within 14 days of issue (+ response pack and other statements of case)
6
Q
Court management of additional claims
A
- Most convenient and effective manner
- Avoid separate proceedings
- Ensure 3rd party bound by decisions between C and D
- Avoid different results of separate trials