Showing results for tags 'cpr19'.
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I will describe the situation with hypothetical names: I am a defendant in High Court Proceedings being brought by ABC Ltd The true cause of the loss suffered by ABC Ltd is a third Party XYZ Ltd and there is evidence to support this I was indirectly involved in the matter as an employee of ABC Ltd at the relevant time but I am no longer in its employ XYZ Ltd is a sister company of ABC Ltd, both of whom operate under common ownership. Consequently, ABC Ltd has no interest in suing XYZ Ltd Instead, ABC Ltd is attempting to reclaim its losses from me I am now faced with several options: I defend myself and as part of my defence I assert that the true claim of the loss was XYZ Ltd; I present the evidence of the culpability of XYZ Ltd to the Court, assert that there is no case for me answer and ask for the case against me to be dismissed; I attempt to have XYZ Ltd added as a party to the proceedings. My questions to the Consumer Action Group forum are as follows: Strategically, which course of action would be the best to pursue? If I wish to have XYZ Ltd added as a party to proceedings under CPR 19 then what claim will it have to answer? ABC Ltd is the claimant and will not make allegations against its sister company. Am I, in my capacity as Defendant, expected to issue a counter claim against XYZ Ltd for having created a liability for which I am being held to account? If this latter course of action is correct, would I need to amend my Defence (already submitted to the Court) in order to create a "Defence and Counterclaim" against XYZ Ltd? I am grateful for your advice. Sincerely Monica
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