District Court Rules

ORDER 42A

THIRD PARTY PROCEDURE

1 Claim against a person not already a party

1. Where in any civil proceedings a respondent

(a) claims any contribution or indemnity against any person not already a party (in this Order, a ‘third party’), or

(b) claims against a third party any relief or remedy relating to or connected with the original subject matter of the proceedings and substantially the same as some relief or remedy claimed by the claimant, or

(c) requires that any question or issue relating to or connected with the original subject matter of the proceedings should be determined not only as between the claimant and the respondent but also as between either or both of them and a third party,

the respondent may within ten days of the service on him or her of the claim notice or notice of application (exclusive of the date of service) issue and serve on the third party a notice (in this Order, a ‘third party notice’) (in Form 42A.01 or 42A.02, Schedule C as the case may be), containing a statement of the nature of the claim against the respondent and the nature and grounds of the respondent’s claim against the third party or of the question or issue to be determined.

2 Copy of claim notice to be served

2. The respondent must serve a copy of the claim notice or notice of application on the third party with the third party notice.

3 Copy to be filed

3. The respondent must within ten days of the service on him or her of the claim notice or notice of application (exclusive of the date of service) serve a copy of the third party notice on the claimant or claimant’s solicitor and file a copy of the third party notice with the Clerk.

4 Service

4. The provisions of Order 41 relating to the service of documents apply to the service of a third party notice.

5 Third party becomes a party on service

5. Where a third party notice is served on the third party, the third party is, as from the time of service, a party to the civil proceeding with the same rights as if he or she had been sued in the ordinary way by the respondent by whom the third party notice was issued or by the claimant.

6 Appearance and defence to third party notice

6. (1) Where a third party disputes the claim by the respondent against him or her or the claim by the claimant against the respondent, Order 42 applies as if the third party notice were a claim notice served by the respondent on the third party.

(2) The third party must, within 28 days of the service of the third party notice, give or send by post to the respondent or respondent’s solicitor and to the Clerk notice of appearance and defence to the third party notice (in the Form 42.01 or 42.03, Schedule C with the necessary modifications) or an appearance and notice requiring particulars, and the provisions of Order 41 (relating to defence and counterclaim) and Order 45 (relating to lodgment) apply mutatis mutandis to the proceedings on the third party notice.

7 Set aside by the Court

7. Proceedings on a third party notice may at any stage be set aside by the Court.

8 Where no defence delivered

8. Where a third party fails to deliver a defence, he or she is bound by any judgment (including by consent) or decision in the proceedings so far as it is relevant to any claim, question or issue stated in the third party notice.

9 Court may grant judgment or order

9. Where in any civil proceedings a respondent has served a third party notice, the Court may at or after the trial, or if the proceedings are decided otherwise than by trial, on an application by motion grant such judgment or order to or against any party or parties as the nature of the case requires.

10 Execution not to issue without leave

10. Where in civil proceedings judgment is given or an order is made against a respondent and judgment is given or an order is made in favour of that respondent against a third party, execution may not issue against the third party without the leave of the Court until the judgment or order against the respondent has been satisfied.

11 Claim against person already a party

11. Where in any civil proceedings a respondent claims against any person already a party:

(a) any contribution or indemnity, or

(b) any relief or remedy relating to or connected with the original subject matter of the proceedings and substantially the same as some relief or remedy claimed by the claimant, or

(c) that any question or issue relating to or connected with the original subject matter of the proceedings should be determined not only as between the claimant and the respondent but also as between either or both of them and that person,

the respondent may, within ten days of the service on him or her of the claim notice or notice of application (exclusive of the date of service) issue and serve on that other party a notice in the prescribed form (Form 42A.03, Schedule C) containing a statement of the nature and grounds of the respondent’s claim or of the question or issue to be determined. This rule does not apply to any claim which could be made by counterclaim.

[SI 17/14]

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