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#4688 - Additional Claims - BPC Civil Litigation

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ADDITIONAL CLAIMS A defendant to an existing claim is permitted to bring a claim against a third party. Aims of Additional Claims * to manage all the claims in the most convenient and effective manner * avoid separate proceedings where this supports the Overriding Objective * ensure Third Party bound by decisions between Claimant and Defendant * ensure issues between Defendant and Third Party decided as soon as possible after decision between Claimant and Defendant * avoid different results (of separate trials) * save expense of 2 trials Related Procedures * Defendant claims Third Party and not him is liable - plead in defence, * Defendant has a claim against Claimant - counterclaim * Defendant has a claim against Claimant and Third Party - counterclaim, Third Party brought in as Third Party * 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: * Existing party - contribution notice, * 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: * Stage of main claim, * nature of claim against Third Party, and

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#4688 - Additional Claims - BPC Civil Litigation

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