5 Proceedings w/ 3 or more/multiple causes of action

Question 1

SCA 1981 s 49(2)

Answer 1

(2) Every such court shall give the same effect as hitherto—
(a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and
(b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or by any custom or created by any statute,

and, subject to the provisions of this or any other Act, shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided.

Question 2

r19.3: if 2 or more are jointly entitled to a remedy

Answer 2

(1) Where a claimant claims a remedy to which some other person is jointly entitled with him, all persons jointly entitled to the remedy must be parties unless the court orders otherwise.
(2) If any person does not agree to be a claimant, he must be made a defendant, unless the court orders otherwise.
(3) This rule does not apply in probate proceedings.

Question 3

r19.1: number of parties

Answer 3

Any number of claimants or defendants may be joined as parties to a claim.

Question 4

r7.3: use claim form for more than one claim

Answer 4

A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings

Question 5

r3.1(2): Court management power

Answer 5

(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2) Except where these Rules provide otherwise, the court may –
(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);
(b) adjourn or bring forward a hearing;
(c) require a party or a party’s legal representative to attend the court;
(d) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;
(e) direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;
(f) stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;
(g) consolidate proceedings;
(h) try two or more claims on the same occasion;
(i) direct a separate trial of any issue;
(j) decide the order in which issues are to be tried;
(k) exclude an issue from consideration;
(l) dismiss or give judgment on a claim after a decision on a preliminary issue;
(ll) order any party to file and exchange a costs budget;
(m) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective

Question 6

r19.6: Representative parties

Answer 6

(1) Where more than one person has the same interest in a claim –
(a) the claim may be begun; or
(b) the court may order that the claim be continued,
by or against one or more of the persons who have the same interest as representatives of any other persons who have that interest.

(2) The court may direct that a person may not act as a representative.
(3) Any party may apply to the court for an order under paragraph (2).

(4) Unless the court otherwise directs any judgment or order given in a claim in which a party is acting as a representative under this rule –
(a) is binding on all persons represented in the claim; but
(b) may only be enforced by or against a person who is not a party to the claim with the permission of the court.

(5) This rule does not apply to a claim to which rule 19.7 applies.

Question 7

r19.7: Representation of interested parties who can’t be ascertained

Answer 7

(1) This rule applies to claims about –
(a) the estate of a deceased person;
(b) property subject to a trust; or
(c) the meaning of a document, including a statute.

(2) The court may make an order appointing a person to represent any other person or persons in the claim where the person or persons to be represented –
(a) are unborn;
(b) cannot be found;
(c) cannot easily be ascertained; or
(d) are a class of persons who have the same interest in a claim and –
(i) one or more members of that class are within sub-paragraphs (a), (b) or (c); or
(ii) to appoint a representative would further the overriding objective.

(3) An application for an order under paragraph (2) –
(a) may be made by –
(i) any person who seeks to be appointed under the order; or
(ii) any party to the claim; and
(b) may be made at any time before or after the claim has started.

(4) An application notice for an order under paragraph (2) must be served on –
(a) all parties to the claim, if the claim has started;
(b) the person sought to be appointed, if that person is not the applicant or a party to the claim; and
(c) any other person as directed by the court.

(5) The court’s approval is required to settle a claim in which a party is acting as a representative under this rule.
(6) The court may approve a settlement where it is satisfied that the settlement is for the benefit of all the represented persons.

(7) Unless the court otherwise directs, any judgment or order given in a claim in which a party is acting as a representative under this rule –
(a) is binding on all persons represented in the claim; but
(b) may only be enforced by or against a person who is not a party to the claim with the permission of the court.

Question 8

r19.2: Change of parties

Answer 8

(1) This rule applies where a party is to be added or substituted except where the case falls within rule 19.5 (special provisions about changing parties after the end of a relevant limitation period).

(2) The court may order a person to be added as a new party if –
(a) it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or
(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 that the court can resolve that issue.

(3) The court may order any person to cease to be a party if it is not desirable for that person to be a party to the proceedings.

(4) The court may order a new party to be substituted for an existing one if –
(a) the existing party’s interest or liability has passed to the new party; and
(b) it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.

Question 9

r19.4: adding/substituting parties

Answer 9

(1) The court’s permission is required to remove, add or substitute a party, unless the claim form has not been served.

(2) An application for permission under paragraph (1) may be made by –
(a) an existing party; or
(b) a person who wishes to become a party.

(3) An application for an order under rule 19.2(4) (substitution of a new party where existing party’s interest or liability has passed) –
(a) may be made without notice; and
(b) must be supported by evidence.

(4) Nobody may be added or substituted as a claimant unless –
(a) he has given his consent in writing; and
(b) that consent has been filed with the court.

(4A) The Commissioners for HM Revenue and Customs may be added as a party to proceedings only if they consent in writing.

(5) An order for the removal, addition or substitution of a party must be served on –
(a) all parties to the proceedings; and
(b) any other person affected by the order.

(6) When the court makes an order for the removal, addition or substitution of a party, it may give consequential directions about –
(a) filing and serving the claim form on any new defendant;
(b) serving relevant documents on the new party; and
(c) the management of the proceedings.

Question 10

PD19A para 5.1/5.2: Transfer of interest/liability

Answer 10

5. 1 Where the interest or liability of an existing party has passed to some other person, application should be made to the court to add or substitute that person3.
6. 2 The application must be supported by evidence showing the stage the proceedings have reached and what change has occurred to cause the transfer of interest or liability.

Question 11

19.10: Definition of GLO

Answer 11

A Group Litigation Order (‘GLO’) means an order made under rule 19.11 to provide for the case management of claims which give rise to common or related issues of fact or law (the ‘GLO issues’).

Question 12

19.11: GLO details

Answer 12

(1) The court may make a GLO where there are or are likely to be a number of claims giving rise to the GLO issues.
(Practice Direction 19B provides the procedure for applying for a GLO)

(2) A GLO must –
(a) contain directions about the establishment of a register (the ‘group register’) on which the claims managed under the GLO will be entered;
(b) specify the GLO issues which will identify the claims to be managed as a group under the GLO; and
(c) specify the court (the ‘management court’) which will manage the claims on the group register
.
(3) A GLO may –
(a) in relation to claims which raise one or more of the GLO issues –
(i) direct their transfer to the management court;
(ii) order their stay(GL) until further order; and
(iii) direct their entry on the group register;
(b) direct that from a specified date claims which raise one or more of the GLO issues should be started in the management court and entered on the group register; and
(c) give directions for publicising the GLO.

Question 13

PD19B para 3.3: Where GLO can’t be made

Answer 13

A GLO may not be made –

(1) in the Queen’s Bench Division, without the consent of the President of the Queen’s Bench Division,
(2) in the Chancery Division, without the consent of the Chancellor of the High Court, or
(3) in a county court, without the consent of the Head of Civil Justice.

Question 14

r19.12: Effect of GLO

Answer 14

(1) Where a judgment or order is given or made in a claim on the group register in relation to one or more GLO issues –
(a) that judgment or order is binding on the parties to all other claims that are on the group register at the time the judgment is given or the order is made unless the court orders otherwise; and
(b) the court may give directions as to the extent to which that judgment or order is binding on the parties to any claim which is subsequently entered on the group register.

(2) Unless paragraph (3) applies, any party who is adversely affected by a judgment or order which is binding on him may seek permission to appeal the order.

(3) A party to a claim which was entered on the group register after a judgment or order which is binding on him was given or made may not –
(a) apply for the judgment or order to be set aside(GL), varied or stayed(GL); or
(b) appeal the judgment or order,
but may apply to the court for an order that the judgment or order is not binding on him.

(4) Unless the court orders otherwise, disclosure of any document relating to the GLO issues by a party to a claim on the group register is disclosure of that document to all parties to claims –
(a) on the group register; and
(b) which are subsequently entered on the group register.

Question 15

r46.6: Costs with GLO

Answer 15

(1) This rule applies where the court has made a Group Litigation Order (‘GLO’).

(2) In this rule –
‘individual costs’ means costs incurred in relation to an individual claim on the group register;
‘common costs’ means –
(i) costs incurred in relation to the GLO issues;
(ii) individual costs incurred in a claim while it is proceeding as a test claim, and
(iii) costs incurred by the lead legal representative in administering the group litigation; and
‘group litigant’ means a claimant or defendant, as the case may be, whose claim is entered on the group register.

(3) Unless the court orders otherwise, any order for common costs against group litigants imposes on each group litigant several liability for an equal proportion of those common costs.

(4) The general rule is that a group litigant who is the paying party will, in addition to any liability to pay the receiving party, be liable for –
(a) the individual costs of that group litigant’s claim; and
(b) an equal proportion, together with all the other group litigants, of the common costs.

(5) Where the court makes an order about costs in relation to any application or hearing which involved –
(a) one or more GLO issues; and
(b) issues relevant only to individual claims,
the court will direct the proportion of the costs that is to relate to common costs and the proportion that is to relate to individual costs.

(6) Where common costs have been incurred before a claim is entered on the group register, the court may order the group litigant to be liable for a proportion of those costs.
(7) Where a claim is removed from the group register, the court may make an order for costs in that claim which includes a proportion of the common costs incurred up to the date on which the claim is removed from the group register.

Question 16

Sch1, RSC Order 17 r1: Entitlement to relief by way of interpleader

Answer 16

(1) Where –
(a) a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be, sued for or in respect of that debt or money or those goods or chattels by two or more persons making adverse claims thereto; or
(b) claim is made to any money, goods or chattels taken or intended to be taken by a sheriff in execution under any process, or to the proceeds or value of any such goods or chattels, by a person other than the person against whom the process is issued, the person under liability as mentioned in sub-paragraph (a) or (subject to rule 2) the sheriff, may apply to the court for relief by way of interpleader.

(2) References in this Order to a sheriff shall be construed as including references to –
(a) an individual authorised to act as an enforcement officer under the Courts Act 20031; and
(b) any other officer charged with the execution of process by or under the authority of the High Court.

Question 17

Sch1, RSC Order 17 r3: mode of interpleader application

Answer 17

(1) An application for relief under this order must be made by claim form unless made in an existing claim, in which case it must be made by accordance with CPR Part 23.
(2) Where the applicant is a sheriff who has withdrawn from possession of money, goods or chattels taken in execution and who is applying for relief under rule 2(4) the claim form must be served on any person who made a claim under that rule to or in respect of that money or those goods or chattels, and that person may attend the hearing of the application.

(4) Subject to paragraph (5) a claim form or application notice under this rule must be supported by evidence that the applicant –
(a) claims no interest in the subject-matter in dispute other than for charges or costs;
(b) does not collude with any of the claimants to that subject-matter; and
(c) is willing to pay or transfer that subject-matter into court or to dispose of it as the court may direct.

(5) Where the applicant is a sheriff, he shall not provide such evidence as is referred to in paragraph (4) unless directed by the court to do so.
(6) Any person who makes a claim under rule 2 and who is served with a claim form under this rule shall within 14 days serve on the execution creditor and the sheriff a witness statement or affidavit specifying any money and describing any goods and chattels claimed and setting out the grounds upon which such claim is based.
(7) Where the applicant is a sheriff a claim form under this rule must give notice of the requirement in paragraph (6).

Question 18

Sch1, RSC Order 17 r5: power of court to hear interpleader claim

Answer 18

(1) Where on the hearing of a claim under this order all the persons by whom adverse claims to the subject-matter in dispute (hereafter in this Order referred to as ‘the interpleader claimants’) appear, the court may order –
(a) that any interpleader claimant be made a defendant in any claim pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this order; or
(b) that an issue between the interpleader claimants be stated and tried and may direct which of the interpleader claimants is to be claimant and which defendant.

(2) Where –
(a) the applicant under this order is a sheriff;
(b) all the interpleader claimants consent or any of them so requests; or
(c) the question at issue between the interpleader claimants is a question of law and the facts are not in dispute,
the court may summarily determine the question at issue between the interpleader claimants and make an order accordingly on such terms as may be just.

(3) Where an interpleader claimant, having been duly served with a claim form under this order, does not appear at the hearing or, having appeared, fails or refuses to comply with an order made in the proceedings, the court may make an order declaring the interpleader claimant, and all persons claiming under him, for ever barred from prosecuting his claim against the applicant for such relief and all persons claiming under him, but such an order shall not affect the rights of the interpleader claimants as between themselves.

Question 19

Sch 2, CCR Order 33, r1: under execution - interpleader claim (notice)

Answer 19

(A1) In this Part of this order ‘the interpleader claimant’ means any person making a claim to or in respect of goods seized in execution or the proceeds or value thereof and ‘the interpleader claim’ means that claim.

(1) The interpleader claimant shall deliver to the bailiff holding the warrant of execution, or file in the office of the court for the district in which the goods were seized, notice of his claim stating –
(a) the grounds of the interpleader claim or, in the case of a claim for rent, the particulars required by section 102(2) of the Act; and
(b) the interpleader claimant’s full name and address.
(2) On receipt of an interpleader claim made under this rule, the court shall –
(a) send notice thereof to the execution creditor; and
(b) except where the interpleader claim is to the proceeds or value of the goods, send to the interpleader claimant a notice requiring him to make a deposit or give security in accordance with section 100 of the Act.

Question 20

Sch 2, CCR Order 33, r6: not under execution - interpleader claim (notice)

Answer 20

(1) Where a person (in this Part of this order called ‘the applicant’) is under a liability in respect of a debt or any money or goods and he is, or expects to be, sued for or in respect of the debt, money or goods by two or more persons making adverse claims thereto (‘the interpleader claimants’), he may apply to the court, in accordance with these rules, for relief by way of interpleader.
(2) The application shall be made to the court in which the claim is pending against the applicant or, if no claim is pending against him, to the court in which he might be sued.
(3) The application shall be made by filing a witness statement or affidavit showing that –
(a) the applicant claims no interest in the subject-matter in dispute other than for charges or costs;
(b) the applicant does not collude with any of the interpleader claimants; and
(c) the applicant is willing to pay or transfer the subject-matter into court or to dispose of it as the court may direct,
together with as many copies of the witness statement or affidavit as there are interpleader claimants.

Question 21

Sch 2, CCR Order 33, r2 and 10: reply by interpleader claimant

Answer 21

2

(1) Within 4 days after receiving notice of an interpleader claim under rule 1(2) the execution creditor shall give notice to the court informing him whether he admits or disputes the interpleader claim or requests the district judge to withdraw from possession of the goods or money claimed.
(2) If, within the period aforesaid, the execution creditor gives notice to the court admitting the interpleader claim or requesting the district judge to withdraw from possession of the goods or money claimed, the execution creditor shall not be liable to the district judge for any fees or expenses incurred after receipt of the notice.

10
(1) An interpleader claimant shall, within 14 days after service on him of the notice under rule 7(c) or the interpleader notice under rule 8(c), file –
(a) a notice that he makes no interpleader claim; or
(b) particulars stating the grounds of his interpleader claim to the subject-matter,
together in either case with sufficient copies for service under paragraph (2).
(2) The court shall send to each of the other parties a copy of any notice or particulars filed under paragraph (1).
(3) The court may, if it thinks fit, hear the proceedings although no notice or particulars have been filed.

Question 22

r20.5: Counterclaim against someone not C

Answer 22

(1) A defendant who wishes to counterclaim against a person other than the claimant must apply to the court for an order that that person be added as an additional party.
(2) An application for an order under paragraph (1) may be made without notice unless the court directs otherwise.
(3) Where the court makes an order under paragraph (1), it will give directions as to the management of the case.

Question 23

PD20 para 1.2: Permission for additional claims

Answer 23

Where an application is made for permission to make an additional claim the application notice should be filed together with a copy of the proposed additional claim.

Question 24

PD20 para 6.1-2: form of counterclaim

Answer 24

6. 1 Where a defendant to a claim serves a counterclaim, the defence and counterclaim should normally form one document with the counterclaim following on from the defence.
7. 2 Where a claimant serves a reply and a defence to counterclaim, the reply and the defence to counterclaim should normally form one document with the defence to counterclaim following on from the reply.

Question 25

PD20 para 7.1-5, 7.9, 7.11: Title if additional parties

Answer 25

7. 2 Where there are additional claims which add parties, the title to the proceedings should comprise a list of all parties describing each by giving them a single identification. Subject to paragraph 7.11, this identification should be used throughout.
8. 3 Claimants and defendants in the original claim should always be referred to as such in the title to the proceedings, even if they subsequently acquire an additional procedural status.
9. 4 Additional parties should be referred to in the title to the proceedings in accordance with the order in which they are joined to the proceedings, for example ‘Third Party’ or ‘Fourth Party’, whatever their actual procedural status.
10. 5 If an additional claim is brought against more than one party jointly, they should be referred to in the title to the proceedings as, for example, ‘First Named Third Party’ and ‘Second Named Third Party’.
11. 9 If an additional party ceases to be a party to the proceedings, for example because the claim against that party is discontinued or dismissed, all other additional parties should retain their existing nominal status.
12. 11 In proceedings where there are Fourth or subsequent parties, additional parties should be referred to in the text of statements of case or other similar documents by name, suitably abbreviated if appropriate. If parties have similar names, suitable distinguishing abbreviations should be used.

Question 26

Civil Liability (Contribution) Act 1978, s 1(1)

Answer 26

Subject to the following provisions of this section, any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with him or otherwise).

Question 27

r20.2: Scope of Part 20

Answer 27

(1) This Part applies to –
(a) a counterclaim by a defendant against the claimant or against the claimant and some other person;
(b) an additional claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy; and
(c) where an additional claim has been made against a person who is not already a party, any additional claim made by that person against any other person (whether or not already a party).

(2) In these Rules –
(a) ‘additional claim’ means any claim other than the claim by the claimant against the defendant; and
(b) unless the context requires otherwise, references to a claimant or defendant include a party bringing or defending an additional claim.

Question 28

r20.9: Factors for if additional claim should be separate claim

Answer 28

(1) This rule applies where the court is considering whether to –
(a) permit an additional claim to be made;
(b) dismiss an additional claim; or
(c) require an additional claim to be dealt with separately from the claim by the claimant against the defendant.
(Rule 3.1(2)(e) and (j) deal respectively with the court’s power to order that part of proceedings be dealt with as separate proceedings and to decide the order in which issues are to be tried).

(2) The matters to which the court may have regard include –
(a) the connection between the additional claim and the claim made by the claimant against the defendant;
(b) whether the additional claimant is seeking substantially the same remedy which some other party is claiming from him; and
(c) whether the additional claimant wants the court to decide any question connected with the subject matter of the proceedings –
(i) not only between existing parties but also between existing parties and a person not already a party; or
(ii) against an existing party not only in a capacity in which he is already a party but also in some further capacity.

Question 29

r20.12: Procedural steps on service of an additional claim form on a non-party

Answer 29

(1) Where an additional claim form is served on a person who is not already a party it must be accompanied by –
(a) a form for defending the claim;
(b) a form for admitting the claim;
(c) a form for acknowledging service; and
(d) a copy of –
(i) every statement of case which has already been served in the proceedings; and
(ii) such other documents as the court may direct.

(2) A copy of the additional claim form must be served on every existing party.

Question 30

r20.6: Defendant’s additional claim for contribution or indemnity from another party

Answer 30

(1) A defendant who has filed an acknowledgment of service or a defence may make an additional claim for contribution or indemnity against a person who is already a party to the proceedings by –
(a) filing a notice containing a statement of the nature and grounds of his additional claim; and
(b) serving the notice on that party.
(2) A defendant may file and serve a notice under this rule –
(a) without the court’s permission, if he files and serves it –
(i) with his defence; or
(ii) if his additional claim for contribution or indemnity is against a party added to the claim later, within 28 days after that party files his defence; or
(b) at any other time with the court’s permission.

Question 31

r20.4: counterclaim against C

Answer 31

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.
(2) A defendant may make a counterclaim against a claimant –
(a) without the court’s permission if he files it with his defence; or
(b) at any other time with the court’s permission.
(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).
(3) Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

Question 32

r20.7: Procedure for other additional claims

Answer 32

(1) This rule applies to any additional claim except
(a) a counterclaim only against an existing party; and
(b) a claim for contribution or indemnity made in accordance with rule 20.6.

(2) An additional claim is made when the court issues the appropriate claim form.
(Rule 7.2(2) provides that a claim form is issued on the date entered on the form by the court)

(3) A defendant may make an additional claim –
(a) without the court’s permission if the additional claim is issued before or at the same time as he files his defence;
(b) at any other time with the court’s permission.

(4) Particulars of an additional claim must be contained in or served with the additional claim.
(5) An application for permission to make an additional claim may be made without notice, unless the court directs otherwise.

Question 33

r20.8: service of claim form for additional claim

Answer 33

(1) Where an additional claim may be made without the court’s permission, any claim form must –
(a) in the case of a counterclaim against an additional party only, be served on every other party when a copy of the defence is served;
(b) in the case of any other additional claim, be served on the person against whom it is made within 14 days after the date on which the additional claim is issued by the court.

(2) Paragraph (1) does not apply to a claim for contribution or indemnity made in accordance with rule 20.6.
(3) Where the court gives permission to make an additional claim it will at the same time give directions as to its service.

Question 34

r6.23(1),(2): Address for service after proceedings have started

Answer 34

(1) A party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a full postcode or its equivalent in any EEA state (if applicable) unless the court orders otherwise.
(Paragraph 2.4 of Practice Direction 16 contains provisions about postcodes.)

(2) Except where any other rule or practice direction makes different provision, a party’s address for service must be –
(a) the business address either within the United Kingdom or any other EEA state of a solicitor acting for the party to be served; or
(b) the business address in any EEA state of a European Lawyer nominated to accept service of documents; or
(c) where there is no solicitor acting for the party or no European Lawyer nominated to accept service of documents –
(i) an address within the United Kingdom at which the party resides or carries on business; or
(ii) an address within any other EEA state at which the party resides or carries on business.

Question 35

PD20 para 2.1-4: application for additional claims

Answer 35

2. 1 An application for permission to make an additional claim must be supported by evidence stating:
   (1) the stage which the proceedings have reached,
   (2) the nature of the additional claim to be made or details of the question or issue which needs to be decided,
   (3) a summary of the facts on which the additional claim is based, and
   (4) the name and address of any proposed additional party.
3. 2 Where delay has been a factor contributing to the need to apply for permission to make an additional claim an explanation of the delay should be given in evidence.
4. 3 Where possible the applicant should provide a timetable of the proceedings to date.
5. 4 Rules 20.5(2) and 20.7(5) allow applications to be made to the court without notice unless the court directs otherwise.

Question 36

r20.3: application of rules to additional claims

Answer 36

(1) An additional claim shall be treated as if it were a claim for the purposes of these Rules, except as provided by this Part.

(2) The following rules do not apply to additional claims –
(a) rules 7.5 and 7.6 (time within which a claim form may be served);
(b) rule 16.3(5) (statement of value where claim to be issued in the High Court); and
(c) Part 26 (case management – preliminary stage).

(3) Part 12 (default judgment) applies to a counterclaim but not to other additional claims.

(4) Part 14 (admissions) applies to a counterclaim, but only –
(a) rules 14.1(1) and 14.1(2) (which provide that a party may admit the truth of another party’s case in writing); and
(b) rule 14.3 (admission by notice in writing – application for judgment),
apply to other additional claims.

(Rule 20.11 makes special provision for default judgment for some additional claims).

Question 37

r20.13: Case management where a defence to an additional claim is filed

Answer 37

(1) Where a defence is filed to an additional claim the court must consider the future conduct of the proceedings and give appropriate directions.
(2) In giving directions under paragraph (1) the court must ensure that, so far as practicable, the original claim and all additional claims are managed together.

Question 38

r20.11: Special provisions relating to default judgment on an additional claim other than a counterclaim or a contribution or indemnity notice

Answer 38

(1) This rule applies if –
(a) the additional claim is not –
(i) a counterclaim; or
(ii) a claim by a defendant for contribution or indemnity against another defendant under rule 20.6; and
(b) the party against whom an additional claim is made fails to file an acknowledgment of service or defence in respect of the additional claim.

(2) The party against whom the additional claim is made –
(a) is deemed to admit the additional claim, and is bound by any judgment or decision in the proceedings in so far as it is relevant to any matter arising in the additional claim;
(b) subject to paragraph (3), if default judgment under Part 12 is given against the additional claimant, the additional claimant may obtain judgment in respect of the additional claim by filing a request in the relevant practice form.

(3) An additional claimant may not enter judgment under paragraph (2)(b) without the court’s permission if –
(a) he has not satisfied the default judgment which has been given against him; or
(b) he wishes to obtain judgment for any remedy other than a contribution or indemnity.

(4) An application for the court’s permission under paragraph (3) may be made without notice unless the court directs otherwise.
(5) The court may at any time set aside or vary a judgment entered under paragraph (2)(b).

Question 39

PD20 para 5.1-4: Case management if defence to additional claim

Answer 39

5. 1 Where the defendant to an additional claim files a defence, other than to a counterclaim, the court will arrange a hearing to consider case management of the additional claim. This will normally be at the same time as a case management hearing for the original claim and any other additional claims.
6. 2 The court will give notice of the hearing to each party likely to be affected by any order made at the hearing.
7. 3 At the hearing the court may:
   (1) treat the hearing as a summary judgment hearing,
   (2) order that the additional claim be dismissed,
   (3) give directions about the way any claim, question or issue set out in or arising from the additional claim should be dealt with,
   (4) give directions as to the part, if any, the additional defendant will take at the trial of the claim,
   (5) give directions about the extent to which the additional defendant is to be bound by any judgment or decision to be made in the claim.

5.4 The court may make any of the orders in 5.3(1) to (5) either before or after any judgment in the claim has been entered by the claimant against the defendant.