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Civil - Unit 2 > 6. Multiple Parties > Flashcards

6. Multiple Parties Flashcards

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1
Q

How many claimants and defendants may be joined as parties to a claim in civil litigation?

A

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

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2
Q

(2) Under what circumstances may the court add a new party to an ongoing claim within the limitation period?

A

The court may add a party if:
1. It is desirable to resolve all matters in dispute within the same proceedings, OR
2. There is an issue involving both the new party and an existing party that is connected to the dispute, making it necessary for the court to resolve that issue.

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3
Q

When may the court order the removal of an existing party from a case within the limitation period?

A

The court may remove a party if it is not desirable for that person to remain a party to the proceedings.

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4
Q

When may the court order the substitution of a party in a claim within the limitation period?

A

The court may order substitution if:
1. The interest or liability of an existing party has passed to a new party, AND
2. Substitution is necessary for the proper resolution of the dispute.

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5
Q

Within the limitation period, what must happen if multiple individuals have a shared right to the remedy being sought in a claim?

A

They must all be included as parties in the case, unless the court grants an exception.

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6
Q

Within the limitation period, what happens if one or more of these jointly entitled individuals refuse to participate as claimants?

A

They must be included as defendants instead, unless the court grants an exception.

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7
Q

To which type of cases does the rule requiring all jointly entitled persons to be included as parties not apply

A

this rule does not apply to probate (wills and estates) proceedings.

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8
Q

When does adding or substituting a party in a claim within the limitation period require court permission?

A

Court permission is required unless the claim form has not yet been served.

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9
Q

Who is allowed to apply for permission to add or substitute a party within the limitation period in an ongoing case?

A

Either:
1. An existing party to the case, OR
2. A person who wishes to become a party.

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10
Q

(2) What must be submitted when applying for permission to add or substitute a party within the limitation period?

A

The application must include:
1. Supporting evidence, and
2. A formal request made under Part 23 of the Civil Procedure Rules.

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11
Q

Can a party be substituted within the limitation period without notifying other parties in advance?

A

Yes, an application may be made without notice, but it must still be supported by evidence.

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12
Q

What conditions must be met before adding or substituting a new claimant within the limitation period?

A
  1. The claimant must give written consent, AND
  2. The written consent, amended claim form, and particulars of claim must be filed with the court.
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13
Q

What happens if the court grants an order to add or substitute a new claimant within the limitation period before the required documents are filed?

A

The order does not take effect until the required documents are filed with the court.

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14
Q

When may His Majesty’s Revenue & Customs (HMR) be added as a party within the limitation period?

A

HMR may be added if they provide written consent in disputes that have tax consequences.

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15
Q

When does a newly added defendant officially become a party to the proceedings within the limitation period?

A

A newly added defendant becomes a party only after the amended claim form has been served on them.

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16
Q

Who is responsible for the legal costs resulting from the amendment of parties within the limitation period?

A

The party making the application is responsible for the costs, unless the court decides otherwise.

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17
Q

Does the court have the authority within the limitation period to remove, add, or substitute parties on its own, even without an application?

A

Yes, the court may take action on its own initiative to remove, add, or substitute parties.

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18
Q

(2) Under what conditions may the court add or substitute a party after the limitation period has expired?

A

The court may do so only if:
1. The limitation period had not expired when proceedings were originally started, AND
2. The addition or substitution is necessary.

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19
Q

(3) When is an amendment considered necessary after the limitation period has expired?

A

It is necessary if the court is satisfied that:
1. A new party is being substituted due to a mistaken identity, OR
2. The claim cannot properly continue without the new party, OR
3. The original party has died or been declared bankrupt.

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20
Q

Are there special provisions for adding or substituting a party in personal injury or fatal accident claims after the limitation period?

A

Yes, the court may direct that:
1. The special time limit under s.11 (Personal Injury) or s.12 (Fatal Accidents) of the Limitation Act 1980 shall not apply to the new party, OR
2. The issue of whether these sections apply shall be determined at trial.

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21
Q

What is the general rule for changes to parties after the limitation period expires?

A

Once a statutory time limit for claims has expired, changes to the parties are allowed only under strict conditions.

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22
Q

If the conditions for a change after the limitation period are met, is the court required to allow the amendment?

A

No, even if the conditions are met, the court has discretion and is not obliged to permit the change.

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23
Q

What principle must the court consider when deciding whether to allow changes after the limitation period?

A

The decision must align with the overriding objective of ensuring justice between the parties.

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24
Q

Can a new party be substituted after the limitation period if the original party was named by mistake?

A

Yes, but the mistake must be:
1. A mistake in the name of the party, NOT in their identity.
2. Made by the person responsible for issuing the claim form.
3. Clearly demonstrated that but for the mistake, the correct party would have been named.

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25
When is permission to amend likely to be refused in cases of mistaken identity?
If the court considers that the mistake created reasonable doubt about the true identity of the intended party.
26
What is the legal test from The Sardinia Sulcis [1991] for identifying an intended defendant after the limitation period?
The test asks: 'Is it possible to identify the intended defendant by reference to a description more or less specific to the particular case?'
27
When may the court allow a substitution of a party after the limitation period
If the description of the intended defendant was correct, but the wrong name was used in the claim.
28
Can a substitution be allowed even if the intended defendant was unaware of the claim until after the limitation period expired?
Yes, the substitution could still be permitted in such cases.
29
Even if the Sardinia Sulcis test allows a substitution, can the court still refuse the amendment?
Yes, if allowing the substitution would cause unfairness or prejudice to the substituted party.
30
Examples of When a substitution is allowed because the claim cannot properly continue without the new party?
Examples where substitution was allowed: 1. Parkinson Engineering Services Plc v Swan (2009) – A liquidator replaced the company as claimant because the defendant had a full defense against the company but not against the liquidator. 2. Irwin v Lynch (2010) – A company replaced its administrator as claimant since the administrator lacked legal standing to bring the claim. 3. Tendring District Council v Ling (2023) – The spouse of the respondent was joined because she had joint liability, making her a necessary party.
31
When was substitution not allowed after the limitation period expired?
1. The Insight Group Ltd v Kingston Smith (2012) – The court refused to substitute former partners for an LLP under r.19.6(3)(b) but allowed it under r.19.6(3)(a) instead. 2. Nemeti v Sabre Insurance Co Ltd (2013) – The court refused to substitute the deceased’s estate as a defendant because it introduced a new claim, rather than continuing the original one.
32
How is a new claim within an existing case treated under the Limitation Act 1980?
A new claim is treated as a separate action with its own starting date.
33
When is a new claim treated as having started in third-party proceedings?
It is treated as having started when the third-party proceedings began.
34
When is a new claim treated as having started for other types of claims?
It is treated as having started on the same date as the original claim.
35
What types of claims are considered 'new claims' under the Limitation Act 1980?
1. Set-off or counterclaims 2. A claim involving a new cause of action 3. The addition or substitution of a new party.
36
What is the general rule about adding new claims after the limitation period expires?
New claims cannot be added unless: 1. Section 33 of the Limitation Act 1980 allows it, OR 2. The court rules provide for it.
37
What types of claims does CPR Part 20 apply to?
1. A counterclaim by the defendant against the claimant (or the claimant and another person). 2. An additional claim by the defendant against another party for contribution, indemnity, or another remedy. 3. An additional claim made by a third party who was added to the proceedings, against any other party.
38
How are additional claims treated under CPR 20?
An additional claim is treated as if it were a claim, except where CPR 20 states otherwise.
39
Which CPR rules do not apply to additional claims?
1. Rules 7.5 and 7.6 (time limits for serving a claim form). 2. Rule 16.3(5) (statement of value in High Court claims). 3. Part 26 (case management – preliminary stage).
40
Does Part 12 (default judgment) apply to additional claims?
It applies to counterclaims but not to other additional claims.
41
Does Part 14 (admissions) apply to additional claims?
It applies to counterclaims but only partially to other additional claims.
42
How does a defendant make a counterclaim against the claimant?
By filing particulars of the counterclaim.
43
Can a defendant file a counterclaim without the court's permission?
Yes, if it is filed with the defence. Otherwise, court permission is required.
44
Does the acknowledgment of service rule apply to a claimant defending a counterclaim?
No, a claimant does not need to file an acknowledgment of service for a counterclaim.
45
How does a defendant bring a counterclaim against someone who is not the claimant?
The defendant must apply to the court for an order to add that person as an additional party.
46
Can the application to add a new party to a counterclaim be made without notice?
Yes, it may be made without notice.
47
What types of additional claims does CPR 20.7 apply to?
Any additional claim except for: 1. Counterclaims, and 2. Claims for contribution or indemnity.
48
When is an additional claim considered made?
When the court issues the appropriate claim form.
49
Can a defendant make an additional claim without the court’s permission?
Yes, but only if the claim is: 1. Issued before or at the same time as filing the defence, OR 2. Otherwise, court permission is required.
50
What must be contained in or served with the additional claim?
Particulars of the additional claim.
51
Can an additional claim be made without notice?
Yes, unless the court directs otherwise.
52
What is the service requirement for counterclaims in an additional claim?
The counterclaim must be served on all other parties at the same time as the defence.
53
What is the service requirement for any other additional claim?
It must be served on the additional party within 14 days of the claim being issued by the court.
54
What factors does the court consider when deciding whether to allow, dismiss, or separate an additional claim?
1. The connection between the additional claim and the original claim. 2. Whether the additional claimant is seeking substantially the same remedy as another party. 3. Whether the additional claimant wants the court to decide an issue: - Between existing parties and a new party, OR - Against an existing party in a different capacity.
55
What happens when an additional claim is served on a person who is not already a party?
That person becomes a party to the proceedings.
56
What documents must be filed when applying for permission to issue an additional claim?
The application must be filed together with a copy of the proposed additional claim.
57
What evidence must support an application for an additional claim?
1. The stage the proceedings have reached. 2. The nature of the additional claim or details of the issue to be decided. 3. A summary of the facts supporting the additional claim. 4. The name and address of any proposed additional party. 5. An explanation for any delay.
58
What happens when a defendant to an additional claim files a defence?
The court will arrange a hearing to consider case management.
59
Who will receive notice of the case management hearing for an additional claim?
The court will notify each party likely to be affected by any order made at the hearing.
60
What are the possible outcomes of a case management hearing for an additional claim?
The court may: 1. Treat the hearing as a summary judgment hearing. 2. Dismiss the additional claim. 3. Give directions on how the claim, issue, or question should be handled. 4. Decide the extent to which the additional defendant is involved at trial. 5. Decide how much the additional defendant will be bound by the final judgment.
61
How should a defence and counterclaim be formatted?
They should form one document.
62
How should a reply and a defence to a counterclaim be formatted?
They should also form one document.
63
How should proceedings be titled when additional claims are involved?
The title must include a list of all parties, with each identified consistently.
64
Should claimants and defendants in the original claim retain their titles even if they gain additional roles in the proceedings?
Yes, they should always be referred to as 'Claimant' and 'Defendant' in the title.
65
How should additional parties be referred to in the case title?
Additional parties should be identified in the order they were joined, e.g., 'Third Party' or 'Fourth Party', regardless of their role.
66
How should multiple additional parties in a joint claim be titled?
They should be identified as 'First Named Third Party' and 'Second Named Third Party'.
67
What happens to the numbering of additional parties if one ceases to be part of the proceedings?
The numbering of other additional parties remains unchanged.
68
When can a defendant make an additional claim for contribution or indemnity against another party?
If the defendant has filed an acknowledgment of service or a defence.
69
What must the defendant file and serve to make a claim for contribution or indemnity?
A notice stating the nature and grounds of the additional claim.
70
Can a defendant file a contribution or indemnity claim without court permission?
Yes, but only if: 1. It is filed and served with the defence, OR 2. It is filed within 28 days after a newly added party has filed their defence.

Civil - Unit 2 (6 decks)

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