Rule 40 Powers on receipt of an additional claim

(1)

The Tribunal may—

(a)

permit an additional claim to be made;

(b)

dismiss an additional claim;

(c)

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

(d)

direct that the additional claim is transferred in accordance with rule 71.

(2)

The matters to which the Tribunal may have regard in deciding whether to exercise any of its powers under paragraph (1) 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 it;

(c)

whether the additional claimant wants the Tribunal 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 it is already a party but also in some further capacity.

(3)

Where the Tribunal exercises any of its powers under paragraph (1), it may make further orders or give further directions as it thinks appropriate.