Additional Claims

Question 1

What are examples of additional claims?

Answer 1

Counterclaim

Addition/substitution of new cause of action

Addition/substitution of new party

Question 2

When does time begin to run if an addition claim is made?

Answer 2

from date which the proceedings for additional claim commenced

Question 3

What has to happen if C claims remedy which other person(s) is jointly entitled with him?

Answer 3

Other person(s) must become party to the claim

Question 4

What happens if other person’s must be joined as parties to a claim but does not agree to be C?

Answer 4

must be made to be D, unless court orders otherwise

Question 5

If any person does not agree to be a C…

Answer 5

He must be made a D

Question 6

What must the contents of an additional claim be verified by?

Answer 6

Statement of truth

Question 7

What scenarios can a counterclaim come about?

Answer 7

1. C brings claim against D, D counterclaims C

2. C brings claim against D, D counterclaims against C and a third party

Question 8

What must a person do if they wish to counterclaim against a person other than C?

Answer 8

Must apply to the court for an order that the third party be added as an additional party

Question 9

When will party require permission of court to bring about a counterclaim?

Answer 9

If counterclaim is served separate to defence / reply

Question 10

When is permission not needed to bring a counterclaim?

Answer 10

Where counterclaim is served with defence/reply

Question 11

What are the steps to apply for permission to make an additional claim?

Answer 11

Application notice
Evidence
Copy of proposed additional claim

Question 12

What matters will court consider when deciding whether to give permission for an additional claim?

Answer 12

CPR 20.9(2)

????

Question 13

When can statements of case be amended prior to commencement of proceedings?

Answer 13

at any time before they are served

Question 14

TRUE OR FALSE: Party can apply to court to disallow any amendments to any statements of case?

Answer 14

TRUE

Question 15

When must an application to disallow amendments be made?

Answer 15

within 14 days from when the statement of case was deemed served on the applicant

Question 16

What does amendment mean?

Answer 16

a party wishing to amend a statement of case so as to

-add, substitute or remove party or
-add something other than above
amend cause of action or add issues

Question 17

What must a party who wishes to add/substitute or be removed as a party do once service of statement of case is done?

Answer 17

1. obtain written consent of all other parties

2. apply for court permission

Question 18

What is process for a party who wishes to add, substitute or be removed as a party?

Answer 18

Application notice
Written consent of all other parties
proposed amended claim form and POC

Question 19

TRUE OR FALSE: Where all existing parties and any proposed new parties are in agreement, an application to add, substitute or remove a party may be dealt without a hearing?

Answer 19

TRUE

Question 20

When will an application to add, substitute or remove a party may be dealt without a hearing?

Answer 20

Where all existing parties and any proposed new parties are in agreement

Question 21

When may the court deal with an application without a hearing?

Answer 21

1. Parties agree to it and to terms of order sought

2. Court does not consider a hearing appropriate

Question 22

What may the court do if it has made an order to add new claimant?

Answer 22

may direct

• a copy of order be served on each party
• copies of amended statements of case be served on new party
• party who made the application to file an amended CF and POC

Question 23

If court has made an order to add a new claimant, what may they order the party who made the application to do? When?

Answer 23

• file an amended CF and POC

- within 14 days (or as ordered)

Question 24

What does an application to amend something other than a party to the proceedings need?

Answer 24

written consent of all other parties or

court permission

Question 25

What should happen to the statement of case which has had its substance amended or changed?

Answer 25

It needs to be reverified by a statement of truth

Question 26

Under what circumstances may a statement of case be amended after limitation period has passed?

Answer 26

1. Introducing new cause of action

2. Correcting a mistake in a name

Question 27

What must be shown where a statement of case is to be amended when introducing a new cause of action?

Answer 27

That the new claim arises out of substantially the same facts

Question 28

What will the court consider when deciding whether to allow introduction of a new cause of action in a statement of case ?

Answer 28

promptness and prospects of success of new claim

Question 29

What must the mistake be if a statement of case is to be amended to correct a mistake in a name?

Answer 29

mistake must be

• as to the name and not cause reasonable doubt as to the identity
• genuine
• noone was misled

Question 30

Under what circumstances may the court allow for adding, substitution or removal of party after expiration of limitation period?

Answer 30

1. Where new party was the intended party and there was a mistake
2. where new party needs to be substituted for the claim to be properly carried out
3. a party dies/bankrupt and new party needs to be substituted by that party’s executor/trustee

Question 31

TRUE OR FALSE: A party applying for amendment will usually be responsible for the costs arising from amendment?

Answer 31

TRUE