Limitation of actions

    2.6.4.3   Claims between co-defendants

    By CPR, r. 20.6, there is a special rule relating to claims for a contribution or indemnity between co-defendants. This would come about where the claimant has sued two or more defendants and one wishes to make a Part 20 claim for contribution (that is, a payment of a proportion of any damages found due) or an indemnity (that is, full compensation for any damages found due to the claimant) from the co-defendant. In order to ensure that all issues are before the court with proper documentation, a defendant in that situation must file a notice containing a statement of the nature and grounds of his claim and serve it on the other defendant.

    This might well arise in situations such as where the consumer affected by the television in the example in 2.6.4.1.2 had chosen to sue at the outset both retailer and manufacturer as co-defendants. If there was a contract between them, providing for an indemnity, the retailer would in the same proceedings intimate to the manufacturer that he claimed to be indemnified by him against any damages that might be found due to the claimant. This would not, as indicated above, debar him from defending the claimant's claim on the facts.

    Claims for a contribution between defendants are much rarer. The court already has powers to apportion liability between defendants when giving its judgment and, strictly speaking, contribution notices are rarely required. Where, for example, a workman is injured on a building site, say, in a fall from scaffolding and it is unclear whether his claim is better addressed to his own employer, who is probably a small subcontractor, to the main contractor, to the subcontractor who erected the scaffolding or even to the occupier of the site under the Occupiers' Liability Act 1957, a prudent solicitor will usually join in all four defendants. There is no need for the defendants to serve contribution notices on each other because the issue of apportionment of liability will be before the court anyway.

    There may be cases where the amounts of contributions to claims are fixed in advance by contracts between parties and in those situations, a contribution notice may be appropriate. 

    2.6.4.4   Where the court's permission to bring a Part 20 claim is required

    If the court's permission is required because the Part 20 claim is to be launched later than the time limit mentioned in 2.6.4.2, by CPR, r. 20.7(5), application may be made without notice to the other parties. The application will be made by an application notice supported by written evidence by virtue of PD 20, para. 2.1. That written evidence should state:

1. the stage which the claim has reached;
2. the nature of the claim to have been made by the Part 20 claimant or details of the question or issue which needs to be decided;
3. a summary of the facts on which the Part 20 claim is based; and
4. the name and address of the proposed Part 20 defendant (the 'third party').

    Where delay has been a factor contributing to the need to apply for permission, an explanation of the delay should be given and a timetable of the action to date should be provided.

    When the district judge receives that application, he will consider the papers before him. If he concludes that, it is necessary to hear the claimant's views before deciding, he will list the application for an appointment. It will not at this stage be material for him to know what the potential 'third party's' views are.