Statement of Case

Question 1

Defence

(3 possible ways of responding)

Answer 1

1. Admission
2. Defence - detail why the facts set out in PoC are wrong
3. Non-admission - neither admit nor deny the facts - i.e. do not know whether allegation is true.

Question 2

What 4 conditions must be met for counterclaim under Part 20

Answer 2

D can bring counterclaim for losses against C

1. D must be existing defendant
2. Claim must arise from same or substantially the same facts
3. It is not a defence
4. It is a monetary claim on its own right

*NB can be brought against another (third) party)!

Question 3

Permission to file counterclaim

Answer 3

D does not need Court’s permission if filed along with defence

D does need Court’s permission if filed another time.

Question 4

Part 20 Claim for Contribution or Indemnity

(what is it and when to seek permission?)

Answer 4

D can make counterclaim against another party to pay part (contribution) or all (indemnity) of costs D is ordered to pay to C.

No permission needed if filed with Defence.

Permission needed for other time

Question 5

What are the four types of Part 20 claims

Answer 5

1. counterclaim against party (usually Claimant) - for damages arising from the same fact no permission if w defence
2. claim against blameworthy third party absentee (also at fault for C’s loss) - w/o permisison unless Ct directs
3. claim for indemnity or contribution against existing party no permission if w defence
4. counterclaim against third party for own injuries arising from same facts - need permssion

Question 6

What is the time limit for serving part 20 claim?

Answer 6

Within 14 days of issue

Question 7

Response time limit - Part 20 claim

Answer 7

14 days from date of service

*Otherwise can get default judgment entered

Question 8

Part 18 - Request for Info

Answer 8

Parties should seek to obtain information from each other without involving Court

If not able to, can apply to Court as last resort.

Can list hearing to deal with info request

Question 9

In what circumstances can the parties amend the statement of case?

Answer 9

Can amend statement of case by consent or permission of Ct.

Ct will consider whether it is Desirable so Ct can resolve all disputes in the proceedings

Question 10

Process for adding new party after expiry of limitation

Answer 10

If limitation has expired then Ct can add/sub party ONLY if the limitation period was current when it was issued.

ALSO 1 of the below 3:

1. Sub because of a mistake on the claim form
2. Claim cannot properly be carried out
3. original party is dead/has bankruptcy against him

Question 11

Removal of party from the proceedings

Answer 11

The court can order a person to cease to be a party if it is not desirable for them to be a party in the proceedings, and such removal does not depend on whether the limitation period has expired.

Question 12

What is the effect if D does not respond to one particular fact in the PoC?

Answer 12

Deemed acceptance

NB - not the same is C subsequently does not respond to particular element of D’s defence in Reply.