Additional claims and changing parties

Question 1

If a counterclaim is served after the defence has been filed, what is required?

Answer 1

court permission

Question 2

The main statements of case that will exist in every defended claim

Answer 2

The claim form, particulars of claim and defence

Question 3

If the court does not think the counterclaim should be heard with the main claim, what can they do?

Answer 3

strike out the counterclaim OR order that it be heard separately

Question 4

Format of the counterclaim if served at the same time as the defence

Answer 4

should form a single document entitled ‘Defence and Counterclaim’

Question 5

defence to a counterclaim must be served within

Answer 5

14 days of service

Question 6

Does the court need to acknowledge service of the counterclaim?

Answer 6

No, there is no requirement for a claimant to acknowledge service of the counterclaim but their defence to a counterclaim must be served within 14 days

Question 7

A reply

Answer 7

an optional statement of case served by the claimant if they wish to allege facts in answer to the defence which were not included in the claim

Question 8

Replies should be filed with the

Answer 8

directions questionnaire and must be verified by a statement of truth

Question 9

Counterclaims against a person other than a claimant

Answer 9

the defendant’s counterclaim must be against the claimant and the third party together; there must be some connection between the claimant and third party

Question 10

Permission required for counterclaims against a person other than the claimant

Answer 10

Permission is always required

Question 11

Contribution

Answer 11

A right of someone to recover from a third person all or part of the amount which he himself is liable to pay

Question 12

Indemnity

Answer 12

A right of someone to recover from a third person the whole amount which he himself is liable to pay

Question 13

a right to a contribution might arise in

Answer 13

tort, contract or under the Civil Liability (Contribution) Act 1978

Question 14

A right to an indemnity will often arise from a

Answer 14

contract (with one party contracting to indemnify another) or some other statutory provision

Question 15

A party pursuing a claim for contribution / indemnity is seeking to recover something

Answer 15

which it is itself obliged to pay to someone else

Question 16

court permission is always required for counterclaims against

Answer 16

a person other than the claimant

Question 17

If an additional claim is served on someone who is not already a party to the proceedings, it must be accompanied by:

Answer 17

A response pack; and
a copy of every statement of case and any other documents that the court directs.

Question 18

Where the defendant to an additional claim files a defence, other than to a counterclaim, the court will arrange a

Answer 18

hearing to consider case management of the additional claim

Question 19

In what order are additional parties referred to?

Answer 19

in the order in which they joined the proceedings

Question 20

If an existing party does not reply to a notice of contribution or indemnity, it is not possible to apply for

Answer 20

a default judgment

Question 21

Where an additional claim form (N211) is served on a person not already a party, it should be accompanied by

Answer 21

an acknowledgment of service and a response pack

Question 22

An indemnity equates to

Answer 22

a 100% contribution

Question 23

Amendments to statements of case must be verified by a

Answer 23

statement of truth

Question 24

A party may amend a statement of case at any time before

Answer 24

it is served

Question 25

Statement of case can be amended at any time, as long as what consent is provided?

Answer 25

the written consent of all the other parties

Question 26

When would you seek court permission to make an amendment?

Answer 26

if the written consent of all the parties has not been given

Question 27

General rule for costs of amendments

Answer 27

the party making the amendment will bear the costs of and arising from the amendment

Question 28

A copy of the amended statement of case and the order should be served on

Answer 28

every party to the proceedings

Question 29

Deadline for filing amendments of case

Answer 29

amended statement of case should usually be filed by the applicant within 14 days of the date of the order granting amendment

Question 30

When will the court give permission to amend?

Answer 30

No specific guidance, at the court's discretion - the court will seek to find a balance between injustice to the applicant if the amendment is refused, and injustice to the opposing party and other litigants in general, if the amendment is permitted

Question 31

An application for permission to amend a defence will be refused if it is clear that the proposed amendment has

Answer 31

no prospect of success

Question 32

When are the courts less likely to give consent for amendments?

Answer 32

late amendments - if made close to trial date, as this could put the parties on unequal footing and/or postpone trial date

Question 33

late amendments are more likely to be allowed if they involve...

Answer 33

late disclosure or new evidence

Question 34

Who carries the onus for late amendments?

Answer 34

A heavy onus lies on the party seeking a late amendment to justify it

Question 35

If the substance of the statement of case is changed by reason of the amendment, the statement of case should be

Answer 35

re-verified by a statement of truth

Question 36

the main test to be satisfied when seeking to add, remove or substitute a party is that the amendment is

Answer 36

desirable

Question 37

max number of parties to a claim

Answer 37

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

Question 38

Adding an additional claim can cost as much as

Answer 38

£10,000

Question 39

the court’s permission is always required to add, remove or substitute a party unless

Answer 39

the claim form has not yet been served

Question 40

where the limitation period has expired, an amendment to add a new cause of action or party to existing proceedings is deemed to be

Answer 40

a separate action which is commenced on the same date as the original action

Question 41

Under s 35 Limitation Act 1980, the general rule is that amendments eg adding parties will

Answer 41

not be allowed after limitation

Question 42

When may a new cause of action be added to an existing statement of case after the end of the limitation period?

Answer 42

When the court directs that the limitation period will not apply in a personal injury action e.g. cause or significance of personal injuries or disease caused by someone’s negligence might not be apparent within the standard 3 year limitation period for personal injury claims

Question 43

Parties may only be added or substituted after the end of the relevant limitation period if

Answer 43

a) the limitation period was current when the proceedings were actually started; and b) the addition or substitution is ‘necessary

Question 44

how are amendments shown in the statements of case?

Answer 44

by using coloured amendments or a numerical code

Question 45

responses to a request must be

Answer 45

written, dated and signed by the party or its legal representative and include a statement of truth

Question 46

The court will not be concerned with what kind of breaches?

Answer 46

trivial breaches

Question 47

the courts are not likely to take action for what kind of breaches?

Answer 47

trivial breaches

Question 48

If an existing party does not reply to a notice of contribution or indemnity, it is not possible to apply for a

Answer 48

default judgment

Question 49

No one can be added as a claimant without their

Answer 49

consent, which must be filed at court

Question 50

An amendment to add a new cause of action or party to existing proceedings is deemed to be a

Answer 50

separate action which is commenced on the same date as the original action

Question 51

Process for making a request for further information

Answer 51

A party is expected to seek information from the other party on a voluntary basis first and should only make an application to the court if the request cannot be resolved

Question 52

Format for reply to a request for further info

Answer 52

the response must be in writing, dated and signed by either the party or their legal representative and also verified by a statement of truth

Question 53

Counterclaims are often referred to as

Answer 53

Part 20 claims

Question 54

The court’s permission is required to remove, add or substitute a party, unless

Answer 54

the claim form has not been served