Additional claims and amendments Flashcards
1
Q
When is permission not needed to make a Part 20 additional claim? (3)
A
- counterclaim filed with defence
- claims for contribution/indemnity filed and served with defence
- additional claim is issued before or at same time as defence is filed
2
Q
When is permission always needed to make an additional claim? (3)
A
- counterclaim against a person other than C
- counterclaim filed at different time to defence
- additional claim issued after defence is filed
3
Q
How will the court respond to an additional claim?
A
- dismiss
- permit
- deal with separately from original claim
4
Q
What will the court consider to determine whether to deal with an additional claim separately from the original claim? (3)
A
- connection between claims;
- whether the Part 20 claimant is seeking substantially same remedy which some other party is claiming from them; and
- whether the Part 20 claimant wants the court to decide any question connected with the proceedings
5
Q
What is the general test applied by the court to decide whether to amend a SOC after it has been served?
A
desirability
6
Q
What may/must an application for change of parties contain? (2)
A
- may be made without notice
- must be supported by evidence
7
Q
Who must an order for a change of parties be served on? (2)
A
- all parties to the proceedings; and
- any other person affected by the order
8
Q
Are post limitation period amendments generally allowed?
A
No
9
Q
Name the test for amending post limitation applications (cause of action/parties)
A
- arises out of the same or substantially the same facts as already in issue
- must be necessary
10
Q
What does it mean for the amendment to be ‘necessary’ (3)
A
- named in CF in mistake for new party who is adequately described
- claim cannot be properly carried on without amendment
- original party has died or bankrupt so liability has passed to new party
