Multiple Parties and Multiple Claims

Question 1

What is the limit on Claimants and Defendants?

Answer 1

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

Question 2

Can parties be sued on the same claim form?

Answer 2

Yes- (19.1) a single claim form can be used by 1+ claimants to commence proceedings against any number of defendants.

Question 3

Can parties in a claim be altered after service of the claim form?

Answer 3

No - after service of claim form, court permission is required to add, substitute or remove parties. Addition becomes subject to ‘desirability’ for justice.

Question 4

Lewis v Daily Telegraph [1964]?

Answer 4

In a claim brought by 2+ claimants, they must act together to present a joint case throughout proceedings.

Question 5

What is representative action?

Answer 5

Proceedings commenced or continued by or against 1 party as representatives of other parties where the true number would be inconvenient

Question 6

What provides for representative action?

Answer 6

CPR 19.8

Question 7

What is a party?

Answer 7

A human being or entity recognised by the law as the subject of rights and duties

Question 8

Can parties be both claimant and defendant?

Answer 8

Generally no. Although it is POSSIBLE if they are one or the other in a different capacity.

Question 9

What governs addition and substitution of parties?

Answer 9

CPR 19.2

Question 10

When can the court add a new party to proceedings?

Answer 10

Where it is desirable to aid resolving the dispute OR there’s a new issue between existing party and new party.

Question 11

When can the court substitute an existing party in proceedings?

Answer 11

When their liability has passed to the substitution and it is desirable to do so.

Question 12

When can the court order any person to cease being a party?

Answer 12

When it is not desirable for that person to be a party to proceedings.

Question 13

What are the court’s powers of addition, substitution and removal subject to?

Answer 13

The rules of limitation under 19.6 (change of parties after expiry of limitation).

Question 14

Who can add, substitute or remove parties prior to service of the claim form?

Answer 14

The claimant can do so by amending their claim form before service without needing court permission.

Question 15

What is required to become a claimant?

Answer 15

No one can become a claimant unless they have given written consent and filed it with the court. Obviously can be made Ds against their will.

Question 16

What is meant by the ‘desirability’ of ADDING parties to proceedings?

Answer 16

DESIRABILITY = NO unnecessary complexity (2) superfluous claims (3) prejudice to parties opposing the addition (4) irrelevant issues to dispute.

Question 17

If changing of parties after service of the claim form is disputed, what should happen?

Answer 17

Where there’s substantial dispute over joinder, or it may lead to delay or additional costs, a CMCH should be held on notice for the existing parties.

Question 18

What happens when the court orders removal of a party?

Answer 18

C must then file an amended Part 7 Claim form and particulars and serve a copy of the removal order on all parties.

Question 19

How many scenarios are there where a party may be substituted?

Answer 19

2: Passing of liability to new party, or desirability of change.

Question 20

Until when may the court exercise its powers of joinder?

Answer 20

These powers extend past judgment, but to use them so that late would likely incur costs or be unfair.

Question 21

Who can apply to add or substitute parties?

Answer 21

Existing parties or those who want to become parties apply to join under Part 23 (with evidence)

Question 21

What happens when 2+ persons are jointly entitled to a remedy?

Answer 21

All persons entitled to the remedy must be made claimants; if they refuse they will be joined as defendants

Question 21

What governs the procedure for adding or substituting parties?

Answer 21

CPR 19.4

Question 22

What must be given to achieve an order from the court to gain a substitution order?

Answer 22

Applications for substitution orders should be made without notice and with evidence.

Question 23

What must be given to gain court permission to alter parties?

Answer 23

An existing party or one who wishes to become one must file a Part 23 application supported by evidence.

Question 24

How does a person become an added or substituted claimant?

Answer 24

They must give their consent in writing, as well as amended claim form and particulars and file with the court.

Question 25

CPR 19.6?

Answer 25

How to substitute or add parties after expiry of the relevant limitation period

Question 26

When may the court add or substitute parties AFTER expiry of limitation?

Answer 26

ONLY if (1) limitation hadn't expired at onset of proceedings and (2) the addition or substitution is necessary

Question 27

In what circumstances is adding or substituting a party after limitation "necessary"

Answer 27

(1) to rectify a mistake (2) OG party has died or gone bankrupt so liability has passed (3) claim can no longer go against OG party

Question 28

How does adding or substituting parties after limitation in PI cases differ from normal cases?

Answer 28

When s.11 or s.12 (special time limits in PI or fatal accidents) doesn't apply parties may be added and substituted.

Question 29

What is the court's power to add or substitute parties after expiry of limitation?

Answer 29

Discretionary. Even if the requirements of necessity and start of proceedings being within limitation are met, they do not HAVE to alter parties.

Question 30

When is a party named on the claim form in mistake for the requested substitution party?

Answer 30

The mistake must be to the name of the new party rather than the identity of the party: but for the mistake, the new party would have been named.

Question 31

What's the Sardinia Sulcis test about?

Answer 31

The person who made the mistake of party name must have been directly responsible for the claim form. BUT FOR THE MISTAKE, THE NEW PARTY WOULD'VE BEEN NAMED.

Question 32

In the Sardinia Sulcis test, when is the court likely to refuse amendment of parties?

Answer 32

If they consider the mistake of name to have caused reasonable doubt over the identity of the new party.

Question 33

What is the difference between a genuine mistake of name (17.4(3)) and a mistake under 19.6?

Answer 33

A mistake under 19.6 is more fundamental. Can only be cured by substitution and can cast doubt on the new proposed party

Question 34

How does 19.6 work?

Answer 34

19.6(3) allows more than mere correction of a name unlike 17.4, and CAN provide for substitution of party.

Question 35

What is the Sardinia Sulcis test?

Answer 35

Is it possible to identify the intended defendant "by reference to a description more or less specific to the particular case" - if it is, 19.6 applies and the court may substitute.

Question 36

When will the court exercise their discretion in 19.6(3) and substitute?

Answer 36

When the Sardinia Sulcis test is satisfied and the claim can't be carried on unless the new party is added or substituted.

Question 37

CPR 20?

Answer 37

Counterclaims, additional claims to parties and non parties (contribution or indemnity), additional claims by 3rd parties.

Question 38

What is the aim of CPR 20?

Answer 38

To ensure additional and counter claims are dealt with CONVENIENTLY and EFFECTIVELY.

Question 39

What rules DO NOT apply to additional claims?

Answer 39

CPR 7.5 7.6 (serving CF time limits); 16.3(5) statement of value in CF; Part 26 (case management).

Question 40

What rules DO apply to counterclaims but NOT to additional claims?

Answer 40

Part 12 (default judgments) and Part 14 (admissions) apply to counterclaims. Only 14.1-2 apply to additional claims.

Question 41

What are rules 14.1 and 14.2?

Answer 41

The only rules in Part 14 (admissions) that apply to additional claims (party may admit the others truth in writing; request for judgment following admission).

Question 42

How can D make a counterclaim against C?

Answer 42

D makes counterclaim against C by filing particulars. When done at same time as defence no court permission is required. After defence is filed, it is.

Question 43

How does D make a counter claim against a 3rd party?

Answer 43

To file a counterclaim against someone not the claimant D must apply to court for an order to add an additional party

Question 44

How does D make a contribution or indemnity claim?

Answer 44

When Ds filed acknowledgement of service or defence, they may claim contribution or indemnity against existing parties by filing and serving notice.

Question 45

What should be included in notice of a contribution or indemnity claim?

Answer 45

A statement of the nature and grounds of the additional claim. This can be served without court permission if done with defence or within 28 days of a party being added.

Question 46

When does 20.7 (procedure for additional claims) apply?

Answer 46

All additional claims except counterclaims against existing parties, contribution or indemnity.

Question 47

At what point is an additional claim made?

Answer 47

An additional claim is made when court issues the appropriate claim form. If issued before or with defence, no court permission required.

Question 48

How should an additional claim be served?

Answer 48

Must be served on the person against whom it is made within 14 days of the claim being issued by the court.

Question 49

How should a counter claim against additional parties be served?

Answer 49

For counterclaims against additional parties, should be served on every party when a copy of defence is served.

Question 50

What will the court consider when deciding whether to allow or separate an additional claim?

Answer 50

Connection between OG and additional claim; whether the remedy sought is substantially the same whether additional C wants the court to decide a question connected to main proceedings, or parties.

Question 51

CPR 20.10?

Answer 51

A person on whom an additional claim is served becomes a party to proceedings if not already a party.