Statements of case, multiple causes of action and additional claims (including counterclaims)

Question 1

Content of the claim form:

Answer 1

16. 2:
    - Concise statement of the nature of the claim
    - Specify the remedy which the claimant seeks
    - Where C is making the claim
    - Statement of interest if claiming money
    - Any other matters set out in PD

Question 2

Contents of the PoC:

Answer 2

16. 4:
    - Concise statement of facts which C relies on
    - If C seeks interest
    - If see is seeking aggravated damages or exemplary damages
    - If C is seeking provisional damages
    - Such other matters set out in PD

Question 3

Content of Defence:

Answer 3

16. 5:
    - Which of the allegations in the PoC he denies, which he admits and which he requires C to prove
    - Where D denies an allegation he must state his reasons for doing so and if a different version of events must put that forward
    - If D fails to deal with an allegation shall be taken to admit that allegation
    - UNLESS put forward a different version of events

Question 4

Reply to a defence:

Answer 4

16. 7:
    - C who does not reply to a defence shall not be taken to admit the matters raised in the defence

-C who files a reply to a defence but fails to deal with a matter raised in the defence shall be taken to require that matter to be proved

Question 5

Period for filing a defence:

Answer 5

15. 4:
    - 14 days after PoC
    - Or, if AoS was served, 28 days after service of PoC
16. 5:
    - D + C may agree to extend the duration that the period for filing a defence up to 28 days - if done so must notify the court in writing

Question 6

If claim not defended or admitted, and no action from C:

Answer 6

• 15.11
• 6 months after the expiry date of filing a defence, if no defence, admission or application for summary/default judgment then claim shall be stayed

Question 7

Changes to parties:

Answer 7

19. 2:
    - the court may order a person to be added as a party if:
    (a) it is desirable to add the new party so the court can resolve all the matters in dispute in the proceedings
    (b) there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings and it is desirable to add the new party so the court can resolve that issue

Question 8

Procedure for adding and substituting parties:

Answer 8

19. 4:
    - The court’s permission is required to remove, add or substitute a party unless the claim form has not been served

• An application may be made without notice and must be supported by evidence

Question 9

Adding/ substituting parties after the end of the relevant limitation period:

Answer 9

19. 5:
    - (2) the court may substitute a party only if the relevant LP was current when the proceedings were started and the addition/ substitution was necessary

Question 10

D’s counter claim:

Answer 10

20. 4:
    - D may make a counterclaim against C without courts permission if filed with defence
    - OR at any other time with the court’s permission

Question 11

Counterclaim against a person other than C

Answer 11

20. 5:

- Must apply to the court for an order for them to be added as a party

Question 12

Sardina Sulcis?

Answer 12

Mistake?