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Additional Claims Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Additional Claims notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ADDITIONAL CLAIMS A defendant to an existing claim is permitted to bring a claim against a third party. Aims of Additional Claims

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to manage all the claims in the most convenient and effective manner

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avoid separate proceedings where this supports the Overriding Objective

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ensure Third Party bound by decisions between Claimant and Defendant

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ensure issues between Defendant and Third Party decided as soon as possible after decision between Claimant and Defendant

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avoid different results (of separate trials)

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save expense of 2 trials

Related Procedures

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Defendant claims Third Party and not him is liable - plead in defence,

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Defendant has a claim against Claimant - counterclaim

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Defendant has a claim against Claimant and Third Party - counterclaim, Third Party brought in as Third Party

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Defendant has issue with Third Party related to claim - commence separate claim or seek order adding Third Party

Additional Claims:

1. Counterclaim against Claimant

2. Counterclaim against Claimant and Third Party

3. Claim by Defendant seeking contribution/indemnity from:

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Existing party - contribution notice,

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Third party - third party claim

4. Claim between Defendant and Third Party raises "related question" to current claim

5. Claim by Third Party against other parties/non-parties (Fourth-party claim) Counterclaim Against Claimant and Third Party Before claiming - Defendant must apply for order adding Third Party as an additional party Procedure Application notice Evidence in support - including:

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Stage of main claim,

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nature of claim against Third Party, and

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

More BPTC Civil Ligitation Samples