CIV LIT SG5 Additional Claims unpacked Part 20 Flashcards Preview

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Flashcards in CIV LIT SG5 Additional Claims unpacked Part 20 Deck (14):
1

What is the purpose of Part 20

20.1 The purpose of this Part is to enable counterclaims and other additional claims to be managed in the most convenient and effective manner.

2

Part 20 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).

3

In part 20, 'additional claim' means?

means any claim other than the claim by the claimant against the defendant

4

references to a claimant or defendant include what in Part 20?

(b) unless the context requires otherwise, references to a claimant or defendant include a party bringing or defending an additional claim.

5

Is an additional claim treated as if it were a claim for the purpose of the Rules

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

6

Which 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).

7

Does Part 12 (default judgment) apply to additional claims?

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

8

Does Part 14 (admissions) apply to 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.

9

A defendant may make a counterclaim against a claimant by...

A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

10

Can a defendant may make a counterclaim against a claimant without the court's permission?

(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.

11

Does (3) Part 10 (acknowledgment of service) apply to a claimant who wishes to defend a counterclaim?

(3) Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

12

Does a defendant who wishes to counterclaim against a person other than the claimant applying to the court for an order that that person be added as an additional party need to give notice?

An application for an order under paragraph (1) may be made without notice unless the court directs otherwise.

13

when a defendant who wishes to counterclaim against a person other than the claimant applies to the court for an order that that person be added as an additional party what does the court do when giving the order?

make directions

14

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.