Rule 20.9 Matters relevant to question of whether an additional claim should be separate from the claimF1

(1)

This rule applies where the court is considering whether to—

(a)

permit an additional claim to be made;

(b)

dismiss an additional claim; or

(c)

require an additional claim to be dealt with separately from the claim by the claimant against the defendant.

(Rule 3.1(2)(e) and (j) deal respectively with the court’s power to order that part of proceedings be dealt with as separate proceedings and to decide the order in which issues are to be tried).

(2)

The matters F2which the court may consider include—

(a)

the connection between the additional claim and the claim made by the claimant against the defendant;

(b)

whether the additional claimant is seeking substantially the same remedy which some other party is claiming from F3them; and

(c)

whether the additional claimant wants the court to decide any question connected with the subject matter of the proceedings—

(i)

not only between existing parties but also between existing parties and a person not already a party; or

(ii)

against an existing party not only in a capacity in which F4they are already a party but also in some further capacity.

Annotations

Textual amendments

F1: Pt. 20 substituted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rule 1, Sch. 1
F2: Words in rule 20.9(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 13(6)(a)
F3: Word in rule 20.9(2)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 13(6)(b)
F4: Words in rule 20.9(2)(c)(ii) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 13(6)(c)