12 Disclosure and inspection Flashcards
(111 cards)
1
Q
What is the disclosure for:
Fast track and Multi-track?
A
Fast track = Standard disclosure
Multi-track = menu disclosure
2
Q
Menu Option Disclosure
Applies to:
A
(i) Most multi-track claims unless the court orders otherwise
(ii) N__ot to personal injuries claims on the multi-track
(iii) Fast track claims and personal injuries claims if the court makes direction for menu option disclosure
3
Q
Are Case Management Conferences compulsory on the multi-track?
A
Case Management Conferences are NOT compulsory on multi-track.
4
Q
When can Case Management Conferences be dispensed with?
A
They can be dispensed with if:
- Parties agree directions and court agrees with proposed directions; or
- Court thinks it has enough information to make directions without CMC
5
Q
Menu disclosure has 3 stages
A
- Disclosure report filed
- Parties agree disclosure directions
- CMC menu disclosure directions.
6
Q
What is:
Stage 1: Disclosure report
A
Not less than 14 days before the first CMC each party must file and serve a disclosure report.
7
Q
What is contained in the disclosure report?
A
- describes the relevant documents
- describes where they are
- details storage of electronic documents
- estimates cost of giving disclosure
- includes a proposal for the most suitable disclosure direction
- verified by a statement of truth
8
Q
What is:
Stage 2: Agreeing disclosure directions
A
Not less than 7 days before the first CMC the parties must:
- meet or telephone each other to discuss and seek to agree a proposal for disclosure
- which must meet the overriding objective of dealing with the case justly and at proportionate cost
- any agreed proposal must be filed at court
- court may approve the proposal without a hearing
9
Q
A
10
Q
What is Stage 3: CMC menu disclosure directions
A
If disclosure directions are mat at a hearing, at the CMC the court can:
(a) order dispensing with disclosure;
(b) order party disclose documents on which it relies, and at the same time request any specific disclosure it requires;
(c) an order that directs, where practicable, the disclosure to be given by each party on an issue by issue basis;
(d) an order that each party disclose any documents which it is reasonable to suppose may contain information which enables that party to advance its own case or to damage that of any other party, or which leads to an enquiry which has either of those consequences;
(e) an order that a party give standard disclosure;
(f) any other order in relation to disclosure that the court considers appropriate.
11
Q
Are train of inquiry document required on the fast track?
A
Train of inquiry documents are NOT required on fast track, but they are on menu disclosure.
12
Q
Basic position of disclosure
Small Claims Track
A
documents relied upon
13
Q
Basic position of disclosure
Fast Track
A
= standard disclosure
14
Q
Basic position of disclosure
PI claims
A
standard disclosure
15
Q
Basic position of disclosure?
PI claims =
A
standard disclosure
16
Q
Basic position of disclosure?
Multi-track usually =
A
menu disclosure
17
Q
Basic position of disclosure?
Business & Property Courts =
A
disclosure pilot scheme
18
Q
STANDARD DISCLOSURE
Standard disclosure requires each party to disclose:
A
- Documents they rely upon (same as small claims)
- Documents adversely affecting own case
- Documents adversely affecting another’s case
- Documents supporting another’s case
- Documents required to be disclosed under a Practice Direction
19
Q
Does standard disclosure include train of inquiry documents?
A
NO!
Doesn’t include train of inquiry documents
Standard disclosure does not cover documents merely relevant to credit:
“Train of inquiry” documents = MAY lead to the discovery of other documents supporting or adversely affecting either party
20
Q
Cases covered by Standard Disclosure
This applies to:
A
(i) Most fast track claims unless the court orders otherwise
(ii) Most personal injuries claims on the multi-track
(iii) Other multi-track claims if the court decides to make a direction for standard disclosure
21
Q
Redaction -blanking out irrelevant material in disclosed documents. The test on whether this is allowed is the same as for standard disclosure, i.e.
A
- Documents they rely upon
- Documents adversely affecting own case
- Documents adversely affecting another’s case
- Documents supporting another’s case
- Documents required to be disclosed under a Practice Direction
22
Q
What is a document?
A
= anything in which information of any description is recorded, inc electronic docs, including deleted docs and CCTV recordings and photos. Also metadata.
Must disclose documents in your custody, but also those under your control. Someone may not have ever seen the documents or know they exist.
23
Q
What does Possession, custody or control mean?
A
Disclosure obligations apply to documents which are or have been in a party’s “control”
24
Q
What are the two stages of disclosure?
A
- Disclosure by list of documents
Form N265:
- Documents party is prepared to disclose to the other side
- Documents protected by privilege
- Documents no longer available
-
Inspection
* If electronic documents are best accessed using technology not readily available to the other side, by making available reasonable additional inspection facilities to enable them to have the necessary access
25
Who can sign the disclosure list?
A solicitor CANNOT sign the disclosure list, it MUST be the client themselves.
26
When does a party have control over documents?
(a) in his physical possession;
(b) if he has a right to possession;
(c) if he has a right to inspect or take copies.
This includes docs party is entitled to call someone for, e.g. asking for your medical notes because you have a right to this.
27
What does **reasonable search** mean?
Parties have a duty to make a reasonable and proportionate search
Any limits on their searches have to be set out in their list of documents
28
What is a **disclosure statement?**
**MUST** include disclosure statement, signed by **CLIENT**, NOT solicitor or close associate.
* **Disclosure statement NOT a mere technicality**
* **If joint Claimants or Defendants, each must sign a disclosure statement**
29
_Factors in deciding how wide a search is required_
Include
* Number of documents
* Nature and complexity of the litigation
* Ease and expense of retrieval
* Likely significance of the documents
* Also: Availability of the information from other sources
30
What happens if the disclosure statement is not signed?g
Courts MAY strike out claim if disclosure statement not signed because parties must be on equal footing.
31
What are the professional duties for disclosure?
As soon as litigation is contemplated = parties’ legal representatives MUST notify clients of the need to preserve disclosable documents, inc docs which would have ordinarily been deleted in accordance with doc retention policy or deleted in course of business. If not = misleading court + MUST cease to act and promptly return instructions.
If you become aware of doc which client won’t disclose- you cannot continue to act unless consent is given.
32
What are the limits to disclosing?
Continuing duty to disclose until the proceedings are concluded.
33
Failure to Comply with Disclosure Obligations
What are the litigation consequences?
* Party may not **rely on** undisclosed documents without court permission
* False disclosure statement without an honest belief in its truth: contempt of court
* Strike out the defaulting party's statement of case as a sanction
*NORM:* It is adverse docs not disclosed – rules silent on this, so make application for specific disclosure.
34
**_Specific Disclosure_**
_T__wo types of order_
* Specific disclosure – give me the specific document
* Specific inspection – give me photocopy of the document etc
35
**_Nature of specific disclosure_**
Order for specific disclosure = party must:
(a) **disclose docs** or classes of documents specified in the order;
(b) **carry out a search** to the extent stated in the order;
(c) **disclose any documents located** as a result of that search.
36
For Specific Disclosure, what are the discretionary factors?
* all the circumstances of the case
* Where docs should have been disclosed under an order for disclosure, specific disclosure will norm be given
* Overriding objective
* Relevance of the documents
* Importance
* Docs necessary for the just disposal of the claim
* Lateness in applying
37
What is the timing for Specific Disclosure?
* At any stage of the proceedings
* Typically at a CMC or PTR, or with directions questionnaires
* As soon as apparent it is **_necessary or desirable_**
38
What is the expert's report?
In relation to documents mentioned in an expert's report, an application is necessary
39
What duty are parties under?
Parties are under a _duty_ to allow inspection of documents mentioned in their statements of case, witness statements, witness summaries.
**document is “mentioned in”** a witness statement if: **_specifically_** mentioned or directly alluded to.
40
What should you do with **inadvertent disclosure?**
Party receiving inadvertently disclosed documents can only use them with the court's permission.
## Footnote
**Test: _obvious mistake._**
**If there is an obvious mistake, you should not open up the papers at all. If there is not an obvious mistake then you can use them.**
41
What does **Collateral use** mean?
After disclosure, documents still belong to the original party. **Implied undertaking** not to use them for any **collateral purpose,** eg:
* By showing them to the media
* Talking about them outside the litigation
* Showing them to a competitor
**Effect = disclosed documents only be used for present litigation.**
**The implied undertaking ends if:**
* **the documents are used in open court.** At that stage they become public documents;
* the court gives permission, or
* the party who gave disclosure **agrees**.
However, the **court may re-impose the undertaking** even after use in open court.
42
When might you use **an injunction to refrain use?**
**Party making the inadvertent disclosure may:**
* Seek injunction
This is based on equitable jurisdiction to restrain breach of confidence
Norm used to restrain docs.
Injunction may restrain the solicitor from acting for the other side
43
What happens to an inadvertent disclosure **where the solicitor receives the document**
* owes no duty of care to the party giving disclosure
* generally can assume the documents have been disclosed deliberately, and that the solicitor acting for the other side has authority to disclose
* but if they realise an **_obvious mistake_** has been made, they should stop reading the documents, and send them back
44
Can an injunction be granted restraining a solicitor from acting for the defendant?
yes
45
When can an injunction may be granted:
* disclosure was **obtained by fraud**
* solicitor receiving realises there has been an **obvious mistake**
* obvious mistake viewed objectively
* the court has to balance the public interest in supporting Legal Professional Privilege with the public interest in the due administration of justice
* ordinarily grant an injunction where there has been an obvious mistake
* delay is an equitable reason for refusing the injunction
46
What does menu disclosure start with?
* Filing Defence
* Notice of proposed allocation
47
When does menu option disclosure apply?
Applies to:
(i) Most multi-track claims unless the court orders otherwise
(ii) But not to personal injuries claims on the multi-track
(iii) Fast track claims and personal injuries claims if the court decides to make a direction for menu option disclosure
48
If the notice of proposed allocation places the claim on the multi-track, the notice will:
* Give a date (not less than 28 days) for filing directions questionnaires
* Probably ask for disclosure reports
* Costs budgets and budget discussion reports are usually also required
49
Case management conferences {**Compulsory or not?)** on multi-track. dispensed if
NOT compulsory
* The parties agree directions and the court agrees with the proposed directions; or
* The court feels it has enough information (from the filed directions questionnaires) to make directions without a CMC
50
What is Legal Professional Privilege?
* legal advice privilege
* litigation privilege
Only individuals authorized by the company to deal with the lawyers are the "client". Norm = directors.
A laywer's underline or giggling on documents is not privileged, unless it shows the tend of advice being given
51
What does **privileged documents** mean?
Privileged documents must be disclosed, but do not need to be inspected.
Privileged documents:
* must be "disclosed" to the other side in the sense they feature in part 2 of the list of documents
* are privileged from inspection.
* privilege may be "waived"
52
What does **legal advice mean?**
This privilege protects communications seeking or giving “legal advice”, covering:
* telling the client the law
* advice on what should be done
* presentational advice on evidence
53
What are copies of documents?
## Footnote
**PRIVILEGE**
* A document not privileged when made does not generally become privileged by enclosing it when seeking legal advice
* Notion there might be a privileged copy of a non-privileged document is not the law
* However, if a compilation of non-privileged documents by a lawyer will give away the **trend of advice** given, the compilation (but not the individual documents) will be privileged
Party only needs to disclose **_one copy_** of document
54
What is litigation privilege?
**Confidential** communications between a client or lawyer **& non parties** where the **dominant purpose** is to use the document or its contents in order to obtain legal advice or to help in the conduct of litigation which was at the time at least reasonably in prospect.
55
What are the elements of litigation privilege?
ELEMENTS
* confidential communication
* between third party and either the lawyer or the client
* dominant purpose
* to use the document / its contents to obtain legal advice or to help in litigation
* **litigation must be pending or reasonably in prospect**
56
What is **Legal Advice Privilege?**
Covers confidential communications between lawyer & client for giving or receiving legal advice, _whether or not litigation_ is contemplated. Elements:
* confidential communication
* between legal representative and client
* for giving or receiving legal advice
57
What is the **ULTIMATE TEST for legal advice privilege?**
**Ultimate test:** whether disclosure/inspection was **necessary** for disposing fairly of proceedings
58
What does litigation privilege include?
* Experts' reports for use in litigation
* Witness statements prepared for litigation
* This may include witness statements from a client company's employees
* Solicitors' correspondence with witnesses and experts
* Solicitors' correspondence seeking evidence
* Drafts of court documents
59
What is **dominant purpose?**
_Dominant purpose_
If two purposes for drawing up doc (.e.g to assist in accident prevent and help in litigation) then doc only privileged if the **dominant purpose of the person who commissioned** the document is to use it in contemplated or pending litigation.
“Dominant purpose”= clear paramountcy” in the intention to seek legal advice as opposed to any other reasons for drawing up the document.
So if main purpose is to look at safety then you MUST show other side.
60
What is **without prejudice?**
Once a document is privileged, subject to waiver, it is always privileged. This means Without Prejudice communications also cannot be revealed to third parties.
* WP can apply to pre-action negotiations
* Omitting the words WP is not fatal
* Simply asserting a party’s rights does not amount to “negotiating” for the purposes of without prejudice
* Arguing your case is not "negotiating"
* The privilege does not apply if the rule is being **unequivocally abused** or if there is u**nambiguous impropriety**
61
What does without prejudice protect?
Protects: communications which are a **genuine attempt** to negotiate a settlement.
62
Protects: communications which are a **genuine attempt** to negotiate a settlement.
Without prejudice privilege applies to:
(a) **genuine attempts to negotiate a settlement** of a dispute
(b) where the parties **contemplate**, or might reasonably have contemplated, **litigation** if they cannot agree. There must be sufficient proximity to the litigation
63
What is the _Waiver of Without Prejudice Privilege?_
* Without prejudice is a joint privilege
* The protection can only be waived if both sides consent
64
_Contrast Open Discussions and Without Prejudice_
An "Open" offer is not covered by WP privilege, so **can** be used for or against the maker at trial.
* A party seeking to change the basis of negotiations from Without Prejudice to "Open" has the burden of bringing the change to the attention of the other party
65
_Use of Without Prejudice Communications to Prove Settlement_
* If the parties settle claim, without prejudice correspondence can be used to prove they settled if one party then disputes the settlement
* Without prejudice communications can be used to interpret the terms of a negotiated settlement
66
What is Without prejudice save as to costs" CALDERBANK OFFER
* Without prejudice on liability and remedies
* Open on the question of costs
67
Whose privilege is the LPP?
* privilege is that of the client
* not the lawyers
* “Without prejudice”: joint privilege of both parties
68
What are the elements of **waiver by disclosure in litigation?**
Two elements:
(a) a clear reference to the existence of the privileged communications; and
(b) reliance on the privileged material **for the purpose of making a particular point.**
If the reference to the privileged material is no more than mere narrative there is no waiver. If the content of the privileged material is used to support a point which the party deploying the material wishes to make, there will be a waiver of the privilege.
**There will only be a waiver if it would be unfair** to allow the party making the disclosure not to reveal the whole of the relevant information because it may lead to the court or other parties having only a partial, and potentially misleading, impression of the material.
Disclosure of final version of an expert’s report does not amount to waiver of privilege over earlier drafts of the report
69
What is the situation of disclosure of **part of a document?**
_Disclosure of Part of a Document_
* Disclosure of part of a single document waives privilege in the whole
* Unless the document is severable
TEST: “**_entirely different subject-matter”_**
70
What is the _Waiver as a Condition for_ _Changing_ _Expert__s?_
Where a party seeks to change experts, even where Expert 1 was only involved at the pre-action protocol stage, the court would usually order that permission to call Expert 2 would be conditional on disclosure of Expert 1’s report.
71
What is a breach of confidence?
Giving disclosure may be a breach of confidence. If so, the court may protect the document _where inspection is not necessary for **disposing fairly**_ of the proceedings.
72
What is the confidentiality for
Trade / technical secrets ?
Secret formulae, drawings of new products, computer code etc
· court should order a controlled measure of disclosure
· in each case the court needs to decide what measures are required
73
How does one protect confidentiality?
Measures that can be taken include:
* **redacting** the document
* limiting disclosure to **selected individuals.** Could be an independent expert, or to named employees of the other side
* **on terms** not to use the disclosed documents to the detriment of the disclosing party
* holding the **hearing in private** (if it is necessary to sit in private to secure the proper administration of justice, taking into account the right of freedom of expression, see CPR, r 39.2(2) and (3)(c)).
*
74
What is a Norwich Pharmacal Order?
**A *Norwich Pharmacal* order =** typically addressed to someone who is not going to be a party to subsequent proceedings, but which requires them to disclose information that will be helpful to C in bringing effective proceedings against the real defendants.
* These orders derive from the ancient e**quitable jurisdiction** of the Court.
* They are therefore **discretionary**.
75
What is the main purpose of a norwich Pharmacol order?
* To discover the name of the defendant
* Or to find information relevant to proceedings
76
When is a norwich pharmacal order normally sought?
Norm **_sought before the main proceedings are brought_**.
***E.G.*** someone who “**through no fault of his own”** 3got mixed up in wrongdoing. _Norwich Pharmacal orders_ NOT restricted to only Tort claims.
- An intention to sack or discipline a “mole” is a "sufficient interest” (requirement (b) above)
* Norwich Pharmacal* orders are _**of last resort**,_ so will not be made if the information is **available through other means**
77
What are the principles of a Norwich Pharmacal order?
*Norwich Pharmacal* orders are available:
1. **a wrong** must have been carried out, or arguably carried out, by a wrongdoer
2. there must be a **need** for an order. This is also known as having **a "sufficient interest"** or that it is **"just and convenient"** to make the order. E.G. order required to enable proceedings to be brought, or that disclosure is required to discipline an employee, or to set the record straight
3. the respondent is someone who became **“mixed up”** in the wrongdoing
4. who has **facilitated** its commission
5. who is able or **likely to be able to provide** the necessary information
6. the court has **a discretion** whether to make the order
78
What is the **mere witness rule?**
Contrast a “mere witness” – no order will be made against such a person. MUST have **facilitation.**
79
What is the procedure for a Norwich Pharmacal order?
Norm Part 8 claim form against facilitator + make interim application. Can apply _WITHOUT NOTICE_ if URGENT.
80
What are the costs for a Norwich Pharmacal Order?
_Costs_ – Norm payable by claimant, BUT can be recovered against wrongdoer in main proceedings if **_foreseeable_**.
81
**_Pre-action Disclosure_**
## Footnote
**Can the court make an order for disclosure before proceedings are started?**
Court MAY make an order for disclosure before proceedings are started.
Once proceedings are commenced, the **_jurisdiction ceases to exist._**
82
What is the purpose of pre-action disclosure?
**Purpose**
* Before starting proceedings as part of the relevant Pre-action Protocol.
* Standard disclosure or menu disclosure, usually through lists of documents.
Most parties should wait for the normal time for disclosing documents.
83
What is pre-action disclosure important for?:
1. Deciding whether to sue at all
2. Being able to plead a sensible case in the Particulars of Claim
84
**Pre-action disclosure**
What is the 2 stage test?
(1) Court considers whether the jurisdictional conditions are satisfied.
(2) If they are, the court exercises its discretion whether to make the order
85
Pre-action disclosure
What is the **first stage**?
**Jurisdictional Conditions (stage 1)**
1. Applicant is likely to be a party to future proceedings
2. Respondent is likely to be a party
3. If proceedings were started, the documents sought would be ***within the respondent’s standard disclosure obligations***
4. Pre-action disclosure ***desirable*** for either:
* disposing of the claim **fairly**
* assisting to **resolve** the dispute **without proceedings**
* **saving costs**
86
What is the procedure for pre-action disclosure?
* Issue (pre-action) application notice
* Written evidence in support (witness statement)
* On notice to the proposed defendant (3 clear days)
87
What are the factors for the **discretion** **(stage 2)** for the pre-action disclosure?
Factors include:
* degree to which the documents are likely to support the proposed claim
* whether the documents are "train of inquiry" documents
* merits may be taken into account at the second stage. The question is whether the applicant has shown **some reason to believe** they have suffered some compensable injury
* the nature of the injury or loss complained of
* the clarity and identification of the issues raised by the applicant
* the nature of the documents requested
* the relevance of pre-action protocol inquiries
* applicant's opportunity to make his case without pre-action disclosure
88
What does "likely" mean?
Likely means "may well"
89
Are the merits of the proposed claim relevant at stage 1?
**Merits of the proposed claim** - None of the jurisdictional conditions impose a merits test. This is irrelevant at stage 1.
90
What is the **disclosure against non-parties?**
Pre-action disclosure, it is only pre action – Disclosure against NP is only after claim from. Also Pre-action disclosure is against “likely defendant”. NP disclosure is against the “witness”.
91
**_Disclosure against Non-parties_**
**Documents in the possession of a non-party**
If NP has possession of relevant, either:
* ask them to provide the documents for use in the litigation; or
* require them to produce them at trial under a witness summons
* Force them to disclose it
92
**Conditions for non-party disclosure**
1. Likely that documents are in the respondent’s **possession, custody or power**
* The documents sought must be specifically identified
* The documents must exist
* If either condition is not satisfied, the application will be refused
1. Documents must be likely to **support applicant or adversely affect** another party
* Check relevance against the statements of case
* “**Likely” means “may well”**
1. Disclosure **must be necessary** to:
* dispose of the claim fairly; or
* to save costs
93
What is the procedure for disclosure against Non-parties?
* Application notice (N244)
* Witness statement
* On notice (3 clear days)
**Procedure -**"to any proceedings" = means court proceedings must have been issued
94
What is the test for Disclosure against NOn parties?
(1) Court considers whether the jurisdictional conditions are satisfied.
(2) If they are, the court exercises its discretion whether to make the order
95
What is the discretion in Disclosure against NOn parties?
* whether the documents are available from another source
* whether non-party disclosure will add to the costs
* order forces a non-party to permit inspection, samples etc of property
* which is the "subject-matter" of the proceedings
* or where "any question" arises relating to that property
I.E. if factory belongs to someone else, the statute says the court has a power to order someone to allow inspection, samples or someone which is the **subject matter of the despite.**
96
**What is : Inspection of Property Owned by a Non-party**
On application of **party to any proceedings,** court shall have power to make an order for:
(a) the **inspection, photographing, preservation, custody and detention of property** which is **not** the property of, or in the possession **of, any party** to the proceedings but which is **the subject-matter of the proceedings** or as to which **any question** arises in the proceedings;
(b) the taking of **samples** of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
97
What is Third Party Proceedings (additional claims under Pt20)?
While grafted into the original claim, a TP claim is also in some respects treated as a separate claim.
98
While grafted into the original claim, a TP claim is also in some respects treated as a separate claim.
Why is it thought of as a **separate claim?**
* limitation periods are different
* case management needs to be synchronised if possible
* a Part 20 claim can survive (if there is anything left to deal with) if the main claim is struck out
* trials of the main proceedings and third party claims normally take place together
99
Is permission required to _issue an Additional Claim/Third Party Claim?_
Permission is **not required** to file an additional claim/third party claim provided it is issued _before or at the same time as filing of the **Defence**._
100
**Third Party Proceedings (Pt 20)**
An additional claim/third party claim may only be issued after that time with the court's permission. REQUIREMNTS:
* application notice
* a copy of the proposed third party claim
* witness statement stating:
* the stage the main proceedings have reached
* the nature of the additional claim
* a summary of the facts on which the additional claim is based
* the explanation for any delay
* a timetable of the proceedings to date
101
Is the third party proceeding application with or without notice?
And what are the factors governing the discretion?
* the connection between the additional claim and the original claim
* whether D is seeking substantially the same remedy as C is claiming
* whether D is asking the court to decide any question connected with the subject matter of the existing proceedings
102
_Relief that can be claimed in third party proceedings_
* Contribution
* Indemnity
* Other remedies related to the original proceedings
* Asking court to answer a question related to the original proceedings
103
What is a **third party notice?**
Technically, a third party notice issued in this situation is called a **"Defendant's Additional Claim Against a Third Party"**.
104
What is a **contribution notice?**
These are used for bringing claims for contribution, indemnity and related relief by one existing defendant _against another existing defendant._
If D filed an A/S or defence, D May make additional claim for **contribution or indemnity** against person already party by:
1. filing notice stating nature and grounds of additional claim
2. service notice on that party.
If D files and serves the notice, he can do so **without court permission** if he serves it with defence or additional claim for contribution/indemnity is against party added to claim later, within **28 days after** party files defence, or at any time **with court’s permission**.
105
**With contribution notices,**
If D filed an A/S or defence, D May make additional claim for **contribution or indemnity** against person already party by:
1. filing notice stating nature and grounds of additional claim
2. service notice on that party.
106
**Contribution notice**
If D files and serves the notice, he can do so without court permission if he serves it with defence or additional claim for contribution/indemnity is against party added to claim later, within
[time-limit]
**28 days after** party files defence, or at any time **with court’s permission**.
107
What is **no default judgment** with third party proceedings
normal rules on default judgment do not apply. Instead, where the Third Party fails to acknowledge service or serve a Defence to the TP claim:
* they are deemed to admit the additional claim
* they are bound by any judgment or decision in the main proceedings which is relevant
108
**Third Party Proceedings**
What are the directions?
Where Defence filed to the TP claim, the court must consider the future conduct of the case and give appropriate directions. In doing so, the court must ensure, so far as practicable, that the original claim and additional claim are managed together
**In multi-track PI case = standard disclosure (**unless court directs otherwise). If not PI multi-track = menu option.
No definition of “adversely affect” or “support”. A doc doubting party’s credibility = adversely affected the case.
109
What are **Fourth Party Claims?**
A third party can commence a Fourth Party claim against a non-party they in turn blame.
In fourth party claims (and beyond), in the body of the statement of case the party is referred to by name rather than as the "Fourth Party"
110
What is the limitation with TP proceedings (Pt 20)?
Any new claim shall be deemed to be a separate action and commenced when the **new claim** was **MADE** in or by way of **TP proceedings, on date on which those proceedings were commenced.**
An additional claim "is made" when the court _issues the appropriate third party claim form_
111
What is the **SERVICE** for TP proceedings?
An Additional Claim Form must be served **within 14 days** after it is issued
It must be served together with:
* the usual response pack forms
* all the existing statements of case
It must also be served on all the other existing parties
