| THIRD PARTY AND SIMILAR PROCEEDINGS |
| Third party notice (O. 10, r. 1) |
1.—(1) Where in any action a defendant —| (a) | claims against a person not already a party to the action any contribution or indemnity; | | (b) | claims against such a person any relief or remedy relating to or connected with the original subject matter of the action 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 action should be determined not only as between the claimant and defendant but also as between either or both of them and a person not already a party to the action, |
| then, subject to paragraph (2), the defendant may, after having filed a notice of intention to contest or not contest if required to do so under these Rules, issue a notice in Form 20 or Form 21, whichever is appropriate (called in this Order a third party notice), containing a statement of the nature of the claim made against the defendant and (as the case may be) either of the nature and grounds of the claim made by the defendant or of the question or issue required to be determined. |
| (2) A defendant to an action may not issue a third party notice without the permission of the Court unless the action was begun by originating claim and the defendant issues the third party notice before serving the defendant’s defence on the claimant. |
| (3) Where a third party notice is served on the person against whom it is issued, that person is as from the time of service a party to the action (called in this Order a third party) with the same rights in respect of that person’s defence against any claim made against that person in the third party notice and otherwise as if that person had been duly sued in the ordinary way by the defendant by whom the third party notice is issued. |
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| Application for permission to issue third party notice (O. 10, r. 2) |
2.—(1) An application for permission to issue a third party notice may be made by summons without notice in Form 22 but the Court may direct the summons to be served.(2) An application for permission to issue a third party notice must be supported by an affidavit stating —| (a) | the nature of the claim made by the claimant in the action; | | (b) | the stage which proceedings in the action have reached; | | (c) | the nature of the claim made by the applicant or particulars of the question or issue required to be determined (as the case may be) and the facts on which the proposed third party notice is based; and | | (d) | the name and address of the person against whom the third party notice is to be issued. |
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| Issue and service of, and notice of intention to contest or not contest in relation to third party notice (O. 10, r. 3) |
3.—(1) The order granting permission to issue a third party notice may contain directions as to the period within which the third party notice is to be issued.| (2) There must be served with every third party notice a copy of the originating claim or originating application by which the action was begun and of the pleadings (if any) served in the action. |
(3) Subject to paragraphs (1) and (2), in an action begun by originating claim, the provisions of Order 6, Rules 4, 5(6) and (7), 6 and 7(4), (5) and (6), Order 7, Rules 4 and 5 and Order 8 apply in relation to a third party notice and to the proceedings begun thereby as if —| (a) | the third party notice were an originating claim and the proceedings begun thereby an action; and | | (b) | the defendant issuing the third party notice were a claimant and the person against whom it is issued a defendant in that action. |
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(4) Subject to paragraphs (1) and (2), in an action begun by originating application, the provisions of Order 6, Rules 4, 11(4) and (5) and 12(3), (4) and (5), Order 7, Rules 4 and 5 and Order 8 apply in relation to a third party notice and to the proceedings begun thereby as if —| (a) | the third party notice were an originating application and the proceedings begun thereby an action; and | | (b) | the defendant issuing the third party notice were a claimant and the person against whom it is issued a defendant in that action. |
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| Third party directions (O. 10, r. 4) |
4.—(1) The defendant who issued a third party notice must, by summons in Form 23 to be served on all the other parties to the action, apply to the Court for directions, except that where the action was begun by originating claim, such application must not be made before the third party files and serves a notice of intention to contest or not contest in Form 10.(2) If no summons is served on the third party under paragraph (1), the third party may —| (a) | in an action begun by originating claim, not earlier than 14 days after filing and serving the notice of intention to contest or not contest; or | | (b) | in an action begun by originating application, not earlier than 14 days after service of the notice on the third party, |
| by summons in Form 23 to be served on all the other parties to the action, apply to the Court for directions or for an order to set aside the third party notice. |
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(3) On an application for directions under this Rule, the Court may —| (a) | if the liability of the third party to the defendant who issued the third party notice is established on the hearing, order such judgment as the nature of the case may require to be entered against the third party in favour of the defendant; | | (b) | order any claim, question or issue stated in the third party notice to be tried in such manner as the Court may direct; or | | (c) | dismiss the application and terminate the proceedings on the third party notice; and may do so either before or after any judgment in the action has been signed by the claimant against the defendant. |
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(4) On an application for directions under this Rule, the Court may —| (a) | give the third party permission to defend the action, either alone or jointly with any defendant, upon such terms as may be just, or to appear at the trial or hearing and to take such part in the trial or hearing as may be just; and | | (b) | generally make such orders and give such directions as appear to the Court proper for having the rights and liabilities of the parties most conveniently determined and enforced and as to the extent to which the third party is to be bound by any judgment or decision in the action. |
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| (5) Any order made or direction given under this Rule may be varied or rescinded by the Court at any time. |
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| Default of third party, etc. (O. 10, r. 5) |
5.—(1) If a third party who is required by these Rules to file and serve a notice of intention to contest or not contest does not do so or, having been ordered to serve a defence, fails to do so —| (a) | the third party is deemed to admit any claim stated in the third party notice and is bound by any judgment (including judgment by consent) or decision in the action insofar as it is relevant to any claim, question or issue stated in that third party notice; and | | (b) | the defendant by whom the third party notice was issued may, if judgment in default is given against the defendant in the action, at any time after satisfaction of that judgment or, with the permission of the Court, before satisfaction of that judgment, enter judgment against the third party —| (i) | in respect of any contribution or indemnity claimed in that third party notice; and | | (ii) | with the permission of the Court, in respect of any other relief or remedy claimed in that third party notice. |
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| (2) If a third party or the defendant by whom a third party notice was issued makes default in serving any pleading which that third party or defendant is ordered to serve, the Court may, on the application by summons of that third party or defendant (as the case may be), order such judgment to be entered for the applicant as the applicant is entitled to on the pleadings or may make such other order as may appear to the Court necessary to do justice between the parties. |
| (3) The Court may at any time set aside or vary a judgment entered under paragraph (1)(b) or paragraph (2) on such terms (if any) as the Court thinks just. |
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| Setting aside third party proceedings (O. 10, r. 6) |
| 6. Proceedings on a third party notice may, at any stage of the proceedings, be set aside by the Court. |
| Judgment between defendant and third party (O. 10, r. 7) |
7.—(1) Where in any action a defendant has served a third party notice, the Court may at or after the trial of the action, or, if the action is decided otherwise than by trial, on an application by summons, order such judgment as the nature of the case may require to be entered for the defendant against the third party or for the third party against the defendant.| (2) Where in an action judgment is given against a defendant and judgment is given for the defendant against a third party, an enforcement order must not be issued against the third party without the permission of the Court until the judgment against the defendant has been satisfied. |
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| Claims and issues between defendant and some other party (O. 10, r. 8) |
8.—(1) Where in any action a defendant —| (a) | claims against a person who is already a party to the action any contribution or indemnity; | | (b) | claims against such a person any relief or remedy relating to or connected with the original subject matter of the action 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 action should be determined not only as between the claimant and the defendant but also as between either or both of them and some other person who is already a party to the action, |
| then, subject to paragraph (2), the defendant may, after having filed and served a notice of intention to contest or not contest if required to do so under these Rules, without permission, issue and serve on that person a notice containing a statement of the nature and grounds of the defendant’s claim or (as the case may be) of the question or issue required to be determined. |
| (2) Where a defendant makes such a claim as is mentioned in paragraph (1) and that claim could be made by the defendant by counterclaim in the action, paragraph (1) does not apply in relation to the claim. |
(3) No filing and serving of a notice of intention to contest or not contest in relation to such a notice is necessary if —| (a) | the person on whom it is served has filed and served a notice of intention to contest or not contest in the action; | | (b) | the person on whom it is served is a claimant in the action; or | | (c) | the action was begun by originating application, |
| and the same procedure is to be adopted for the determination between the defendant by whom, and the person on whom, such a notice is served of the claim, question or issue stated in the notice as would be appropriate under this Order if the person served with the notice — |
| (d) | were a third party; and | | (e) | (where, in an action begun by originating claim, he or she has filed and served a notice of intention to contest or not contest in the action or is a claimant) had filed a notice of intention to contest or not contest in relation to the notice. |
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| (4) If no summons under Rule 4(1) is served on the person on whom a notice has been served under this Rule, that person may, not earlier than 14 days after service of the notice on that person, by summons in Form 23 to be served on all the other parties to the action, apply to the Court for directions or for an order to set aside the notice. |
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| Claims by third and subsequent parties (O. 10, r. 9) |
9.—(1) Where a defendant has served a third party notice and the third party makes such a claim or requirement as is mentioned in Rule 1 or Rule 8, this Order applies, with the modification mentioned in paragraph (2) and any other necessary modifications, as if the third party were a defendant; and similarly where any further person (being one to whom, by virtue of this Rule, this Order applies as if the person were a third party) makes such a claim or requirement.| (2) The modification mentioned in paragraph (1) is that paragraph (3) has effect in relation to the issue of a third party notice under Rule 1 by a third party in substitution for Rule 1(2). |
| (3) A third party may not issue a notice under Rule 1 without the permission of the Court unless the action in question was begun by originating claim and the third party issues the notice before the expiration of 14 days after the time limited for filing and serving a notice to contest or not contest in relation to the notice issued against the third party. |
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| Counterclaim by defendant (O. 10, r. 10) |
| 10. Where in any action a counterclaim is made by a defendant, Rules 1 to 9 apply in relation to the counterclaim as if the subject matter of the counterclaim were the original subject matter of the action, and as if the person making the counterclaim were the claimant and the person against whom it is made a defendant. |
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