Rule 39 Additional claims

(1)

In this rule and rule 40 an “additional claim” means—

(a)

a counterclaim by a defendant against the claimant or against the claimant and some other person;

(b)

a claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy; or

(c)

where an additional claim has been made against a person who is not already a party, any claim made by that person against any other person (whether or not already a party).

(2)

An additional claim is to be treated as if it were a claim for the purpose of these Rules.

(3)

A defendant may make an additional claim under section 47A of the 1998 Act M1 (other than a claim for contribution or indemnity falling within paragraph (4))—

(a)

without the Tribunal's permission, if it files that claim with its defence; or

(b)

at any other time, with the permission of the Tribunal.

(4)

A defendant who has filed an acknowledgment of service or a defence, may make an additional claim for a contribution or indemnity against an existing party to the proceedings—

(a)

without the Tribunal's permission, if it files that claim with its defence, or, if the additional claim is a claim against a party added to the claim later, within 28 days after that party files its defence; or

(b)

at any other time, with the permission of the Tribunal.

Annotations

Marginal citations

M1: 1998 c. 41; section 47A was substituted by paragraph 4 of Schedule 8 to the Consumer Rights Act 2015 (c.15).