Additional parties to a claim part 20 Flashcards
When will the Court add or substitute a party in proceedings?
-Resolve all the matters in dispute in the proceedings;
-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.
What happens if a Claimant claims a remedy to which more than one person is entitled?
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.
When can a party add or substitute a party without the Court’s permission?
Before the claim form has been served
What is the test for the Court allowing a party to be added under CPR 19 after limitation has passed?
(2 limbs)
- The relevant limitation period was current when the action was commenced.
- The addition or subsitution is necessary
When will the addition or substitution of a party be “necessary” under CPR 19?
A) the new party is to be substituted for a party who was named in the claim form in mistake for the new party;
B) the claim cannot properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant; or
C) the original party has died or had a bankruptcy order made against him and his interest or liability has passed to the new party.
How may a Defendant make a counterclaim? Rule 20.2
A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.
When may a Defendant make a counterclaim (20.4) without the Court’s permission?
A defendant may make a counterclaim against a claimant without the court’s permission if he files it with his defence or at any other time with the court’s permission.
When may Defendant make an additional claim (counterclaim) under Part 20.7 Without the court’s permission:
if the additional claim is issued before or at the same time as he files his defence; at any other time with the court’s permission.
What is the general rule on protected parties at CPR 21.1?
A protected party must have a litigation friend to conduct proceedings on his behalf.
What is the general rule about children and litigation friends at CPR 21.2?
A child must have a litigation friend to conduct proceedings on his behalf unless the court makes an order under paragraph
What can a child do who wants to act without a litigation friend?
Make an application to act without a litigation friend under CPR 20.3
What are two steps in litigation that a party may take against a child without a litigation friend?
1) issuing and serving a claim form; or
2) applying for the appointment of a litigation friend under rule 21.6,
What are the two criteria for someone to become a litigation friend?
The person:
a) can fairly and competently conduct proceedings on behalf of the child or protected party;
(b) has no interest adverse to that of the child or protected party; and
What powers does the court have over existing litigation friends?
1) The court may –
a) direct that a person may not act as a litigation friend;
b) terminate a litigation friend’s appointment; or
c) appoint a new litigation friend in substitution for an existing one.
What is the rule about compromise proceedings on behalf of children?
- No settlement, compromise or payment (including any voluntary interim payment)
- no acceptance of money paid into court shall be valid, so far as it relates to the claim by, on behalf of or against the child or protected party, without the approval of the court.
