workshop 3- additional claims and changing parties Flashcards
when do you need permission for serving a counterclaim?
if served after the defence is filed.
what is CPR 20.5- counterclaim against a person other than the claimant?
a person is brought into the main claim as a third party.
REQUIRES PERMISSION.
WHAT IS CPR 20.6- contribution or indemnity from an existing party?
- D can claim a contribution or indemnity from someone else to cover any liability it might be ordered in the main claim that they, the D, owe to the claimant.
- file a contribution notice with court and serve on other party.
only need permission if served NOT with defence.
was is CPR 20.7- other additional claims?
wants a remedy other than a contribution or indemnity from an existing party or someone else.
do not need permission if filed with defence.
what is CPR 17- amending statements of case?
- party may amend a statement of case any time before it is served.
- after it is served, must receive permission from the court.
can CPR 17 apply with amending parties post limitation?
yes if the addition or substitution is necessary and limitation period was current when proceedings actually started.
- can correct a mistake as to the name of the party, as long as it isn’t a completely different person.
- spelling mistakes are fine.
what is CPR 19- amendments which add, remove or substitute parties?
amendments MUST BE DESIRABLE.
Court permission is always required, unless claim form has not been served.
- amendments NOT ALLOWED if limitation period has expired unless
- won’t apply in personal injury cases.
- new action is a counterclaim or set-off
- new cause of action arises out of same facts.
what is CPR 18 request for further information?
served on other party then on the court if the request cannot be resolved.
what must a party do if they object to giving more information?
inform the requesting party of the objections and give reasons within the specified timeframe.
