Q&As

If a claimant has issued proceedings against two defendants and subsequently the first defendant makes a Part 36 offer to settle the matter despite liability being outstanding between the two defendants, can the first defendant then pursue the second defendant for a recovery? Will separate proceedings need to be issued by the first defendant against the second defendant to decide the liability issue?

read titleRead full title

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 15 July 2019
imgtext

In this Q&A, the claim brought against the two defendants is for the same loss and they are jointly and severally liable.

If the part 36 offer is accepted, then it is open to the first defendant to pursue the second defendant for recovery. The question does not state whether the first defendant has already made a claim pursuant to CPR 20 as part of their defence. A Part 20 claim is any claim other than a claim by a claimant against a defendant, so includes a counterclaim by a defendant against the claimant as well as a claim by one defendant against another. If a Part 20 claim has already

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Claimant definition
What does Claimant mean?

A person who brings a claim.

Read more

Popular documents

Assumption of risk in sports and leisure claims

Assumption of risk in sports and leisure claimsMany sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport or leisure activity can make it alluring and exciting but even common and less dangerous activities and sports such as cycling, swimming, playing

Scope and impact of vicarious liability

Scope and impact of vicarious liabilityRelationships sufficiently akin to employmentIn Catholic Child Welfare Society v Various Claimants, Lord Phillips famously stated at para [19]:‘The law of vicarious liability is on the move.’The relationship that will most often give rise to vicarious liability

Burden of proof in personal injury claims

Burden of proof in personal injury claimsBalance of probabilitiesThe claimant must prove that, on the balance of probabilities, the defendant has been negligent or has breached their statutory duties. Proof on the balance of probabilities means proof that it is more likely than not. If the

Was the damage foreseeable?

Was the damage foreseeable?STOP PRESS: This Practice Note is under review in the light of the Supreme Court decision in: Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6. For further information, see: LNB News 14/02/2024 62.The concept of foreseeability and remoteness in