BPP University College Of Professional Studies Limited (BPP)
Civil Litigation Syllabus Notes on Multiple Causes of Action, Counterclaims and Other Additional Claims, used in conjunction with the White Book from BPTC 2019/2020.
BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
CIVIL LITIGATION REVISION NOTES
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SYLLABUS 7 MULTIPLE CAUSES OF ACTION, CCs AND OTHER ADDITIONAL CLAIMS
Multiple causes of action and multiple parties
CCs against the C or an additional party
CN and claims against third parties and fourth parties
CPR: Part 19
19.1 Parties- general
Any number of Cs or Ds may be joined as parties to a claim.
19.2 Changes of parties – general (applies where a party is to be added or substituted
except where the case falls within r.19.5 (changing parties after the end of a relevant
limitation period)
The court may order a person to be added as a new party if—
(a) It is desirable to add the new party so that the court can resolve all the matters in
dispute in the proceedings; or
(b) 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.
The court may order any person to cease to be a party if it is not desirable for that person to
be a party to the proceedings.
The court may order a new party to be substituted for an existing one if—
(a) The existing party’s interest or liability has passed to the new party; and
(b) It is desirable to substitute the new party so that the court can resolve the matters in
dispute in the proceedings.
19.3 Provisions applicable where two or more persons are jointly entitled to a remedy
(does not apply in probate proceedings)
Where a C 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.
If any person does not agree to be a C, he must be made a D, unless the court orders
otherwise.
19.4 Procedure for adding and substituting parties
The court’s permission is required to remove, add or substitute a party, unless the CF has
not been served.
An application for permission here may be made by—(a) an existing party; or (b) a person
who wishes to become a party.
An application for an order under r19.2(4) (substitution of a new party where existing
party’s interest or liability has passed)— (a) may be made without notice; and (b) must be
supported by evidence.
, SYLLABUS 7 MULTIPLE CAUSES OF ACTION, CCs AND OTHER ADDITIONAL CLAIMS
Nobody may be added or substituted as a C unless—(a) he has given his consent in writing;
and (b) that consent has been filed with the court.
The Commissioners for HM Revenue and Customs may be added as a party to proceedings
only if they consent in writing.
An order for the removal, addition or substitution of a party must be served on—
(a) all parties to the proceedings; and (b) any other person affected by the order.
When the court makes an order for the removal, addition or substitution of a party, it may
give consequential directions about— (a) filing and serving the CF on any new D; (b)
serving relevant documents on the new party; and (c) the management of the proceedings.
19.5 Special provisions about adding or substituting parties after the end of a relevant
limitation period
This rule applies to a change of parties after the end of a period of limitation under—
(a) the LA 1980 (b) the FLPA 1984; or (c) any other enactment which allows such a change,
or under which such a change is allowed.
The court may add or substitute a party only if—(a) the relevant limitation period was
current when the proceedings were started; and (b) the addition or substitution is
necessary.
The addition or substitution of a party is necessary only if the court is satisfied that—
(a) The new party is to be substituted for a party who was named in the CF 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.
In a claim for PI the court may add or substitute a party where it directs that—
(a) s.11 (PI) or s.12 (FA) LA 1980 shall not apply to the claim by or against the new party; or
(b) the issue of whether those sections apply shall be determined at trial.
**COUNTER CLAIMS**
CC against the claimant: 20.4
CC against the claimant and another person: 20.5
CC against existing party for contrib/indemnity: 20.6
if CC for some other remedy against an existing party or someone who is not a party
(including if contrib/indemnity against not existing party or any remedy): 20.7
if claim by party which itself joined against any other person e.g. D1, brings in another
party who brings in another party (blaming each other): 20.7
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