Claimant allowed to add second defendant

[Peaches1708]

The Claimant (a company) has issued a claim against myself. We had a Directions Hearing in December 23, where the Judge said he gave permission for me to file and serve on the Claimant a Counterclaim, which I have done. The Judge also gave permission for the Claimant to add a 2nd Defendant, with full particulars of claim to be filed at court and served on 2nd Defendant.

My question is, does the Claimant have to complete Claim Form N1 to serve on the Second Defendant as the Claimant has never written or communicated before to the Second Defendant, or can the Claimant literally just provide Particulars of Claim to the Second Defendant. The order says: Claimant shall serve the amended particulars of claim (including [name] as 1st Defendant and [name] as 2nd Defendant) on 2nd Defendant by 4pm on 11 March 2024 and shall at the same time file a copy at [name] County Court. The 2nd Defendant has no knowledge of contact details etc, is this up to me as 1st Defendant to provide or is it up to the Claimant. As Defendants, we are related, which confuses the issue.

[Pezza54]

CPR 20.8 (3) under Part 20 Counterclaims and Other Additional Claims states "where the court gives permission to make an additional claim it will at the same time give directions as to its service"

It is up to yourself to follow the court directions regarding service of the counterclaim against the claimant.

It is down to the claimant to comply with the court directions in connection with the addition of a second defendant under CPR 19.1

Under 19.4 (9) " A new defendant does not become a party to proceedings until the amended claim form has been served on them"

You should have filed your counterclaim with the court and the claimant should also file the amended claim form and Particulars of Claim

The claimant should also send you a copy of the amended claim form and PoC

[Peaches1708]

The Claimant has now issued the 2nd Defendant with Particulars of Claim but no amended Claim Form was included. The PoC just has the name of the 2nd Defendant as Defendant, and in the Timeline of what happened states that the Claim has been changed to name of 2nd defendant and I have been removed, which is contrary to the order from the Judge. The new Particulars of Claim have only been served on 2nd defendant and not on myself, and have changed.

It is a defended Claim as I served a defence and Counterclaim, to which the Claimant has responded with a Defence.

What is now the best way forward, can the 2nd Defendant ask to have it struck out or do we have to wait for a Hearing, albeit probably a Case Management Hearing?

[Pezza54]

As per the 3rd para of post 2 your brother should wait until he receives a claim form from the court

It sounds as if the claimant is trying to replace you with your brother. The judge gave permission for a second defendant to be added, not a substitution, and the revised PoC should have reflected this order.

My advice is to just wait to see what happens.

[Peaches1708]

No claim form has arrived, nothing, I don't think anything will be decided until a Directions Hearing, so the 2nd Defendant hasn't properly been added