THIRD PARTY PROCEEDINGS

INTRODUCTION
THIRD PARTY
PROCEEDINGS

INTRODUCTION
 INTRODUCTION

 Third-party proceedings in civil procedure allow a defendant to bring a third

party into a lawsuit who is not originally part of the case. This third party is
brought in because they may be liable to the defendant for some or all of the
plaintiff's claim.
 The essence of third-party proceedings is to streamline litigation and ensure that
all related issues and parties are dealt with in a single proceeding, thus
promoting efficiency and fairness in the resolution of disputes.
 There are several reasons why a defendant might want to bring in a third party:
 INTRODUCTION

1. Contribution or indemnity: The defendant may believe that the third party is partly or
wholly responsible for the harm alleged by the plaintiff. By bringing in the third party,
the defendant seeks to shift some or all of the liability onto them.
2. Complete relief: The defendant may argue that the third party is necessary to provide
complete relief in the case. For example, if the defendant is found liable to the
plaintiff, but the third party is also liable, the defendant may seek to have the third
party contribute to any damages awarded to the plaintiff.
3. Judicial efficiency: Third-party proceedings can help avoid multiple lawsuits arising
from the same set of facts. By bringing in all relevant parties at once, the court can
resolve all related issues in a single proceeding, saving time and resources.
 INTRODUCTION

4. Binding effect: The outcome of third-party proceedings can have a binding effect on
the parties involved. For example, if the third party is found liable to the defendant,
that decision may be binding in any subsequent lawsuits between the defendant and
the third party regarding the same issue.
5. The rationale for 3rd party procedures is to prevent a multiplicity of court cases and
to avoid the same facts being tried more than once leading to different results which
would bring the court into disrepute.
• Overall, third-party proceedings play a crucial role in civil procedure by ensuring that
all relevant parties are brought into a lawsuit and that the court can effectively resolve
disputes and allocate liability among the parties involved.
 INTRODUCTION

 Third Party Proceedings are provided for under Order I rules 15 – 23.
 Under Rule 15 of the Civil Procedure Rules, if a party named as a defendant in a
lawsuit believes that someone who is not a party to the suit (a third party) is
responsible for all or part of the plaintiff's claim, they can ask the court for permission
to bring that third party into the case. This request is made through a document
called a "Third Party Notice," which must explain the nature and basis of the
defendant's claim against the third party. The defendant may be seeking contribution
or indemnity from the third party, or they may be seeking a related relief or remedy
that is similar to what the plaintiff is seeking.
 INTRODUCTION

 The defendant may argue that any question or issue between themselves and the third party is
essentially the same as the issue between the plaintiff and themselves.
 For instance, in a road accident lawsuit, the vehicle owner (defendant) might seek indemnity from
their insurers if found liable.
 Contribution could also be relevant in a tort case where the defendant admits partial fault but
believes another party should share the responsibility for damages to the plaintiff.
 In building contracts, a contractor might try to hold a sub-contractor responsible for construction
defects complained of by the building owner.
 Rule 16 states that permission to serve a Third Party Notice on the Government will only be
granted if the court is satisfied that the Government has all the necessary information about the
alleged liability.
 INTRODUCTION

 Rule 17 requires the third party to respond to the Third Party Notice by entering an appearance
by a specified date. Failure to do so may result in the third party being deemed to have admitted
liability, but this does not apply to the Government unless the court orders otherwise.
 The third party can request permission to enter an appearance after the specified period in the
notice has passed.
 If the third party fails to enter appearance and the defendant who issued the notice receives a
default judgment, they can then seek judgment against the third party for the amount claimed in
the Third Party Notice.
 If the case goes to trial and the plaintiff wins, but the third party still hasn't entered appearance,
the court, upon application by the defendant who issued the notice, can enter judgment against
the third party as appropriate based on the case's nature.
 INTRODUCTION

• If the third party has entered appearance, the defendant issuing the notice must apply to
the court for directions. If the court finds that there is a legitimate question regarding the
third party's liability, it will order that question to be tried either during or after the trial of
the main suit.
• Rule 24 allows the defendant to serve notice on a party who is already a co-defendant in
the suit without needing to seek permission.
• The Third Party Notice is in form 21 of Appendix A to the Act and must include a statement
of the defendant's claim and attach the plaintiff's claim. The grounds of the claim must be
summarized.
 THE MAIN OBJECTS OF THIRD-PARTY
PROCEEDINGS

1) Preventing multiple lawsuits over the same issues is a key purpose of third-party proceedings. An
order will not be made against a third party unless it is shown that there is a legal or equitable
obligation for them to indemnify the defendant.
2) Third-party proceedings also aim to bind the third party by the decision reached in the main lawsuit
between the plaintiff and defendant.
3) Another goal is to promptly decide the case between the defendant and the third party, typically
immediately after the main case between the plaintiff and defendant, so that the defendant does not
have to wait to establish its claim against the third party while the plaintiff seeks to enforce its
judgment against the defendant.
 THIRD PARTY PROCEEDINGS

• Please note that Order 1 rule 15 (c) provides for the third party notice
obtained by the defendant after applying for leave to issue the notice via ex-
parte chamber summons within 14 days after the close of pleadings.
• This notice was previously to be filed within fourteen days of service but this
has been amended. According to the new rules, the third party notice is
required to be filed and served within 14 days of leave. Therefore, time starts
running once leave to issue the notice has been obtained from the court.
(The Civil Procedure Rules of 2010 have been amended through Legal
Notice 22 of 2020, which has introduced the Civil Procedure (Amendment)
Rules of 2020. )
THIRD PARTY
PROCEEDINGS

MARCH 2024
 STEPS BEFORE TRIAL

• The procedural steps before a trial begins are crucial as they help ensure that the trial
proceeds smoothly, efficiently, and fairly. These steps serve several important purposes:
1. Pleadings: The initial pleadings, such as the statement of claim and defence, help define
the issues in dispute and frame the scope of the trial. They provide each party with notice
of the other's case, enabling them to prepare their arguments and evidence accordingly.
2. Discovery: Discovery allows parties to gather and exchange relevant documents and
information. This process helps narrow the issues in dispute, identify key evidence, and
prevent surprises during trial. It also promotes settlement by ensuring that parties have a
full understanding of the strengths and weaknesses of their case.
 STEPS BEFORE TRIAL

5) Interlocutory Applications: Interlocutory applications, such as applications for summary judgment or

to strike out pleadings, are important for resolving legal issues or disputes that arise before trial.
They can streamline the trial process by eliminating certain issues or claims early on.
6) Pre-Trial Conferences: Pre-trial conferences allow the parties and the court to discuss the issues in
dispute, identify areas of agreement, and plan for the efficient conduct of the trial. They can help
clarify the issues, simplify the trial process, and encourage settlement.
7) Motions in Limine: Motions in limine are used to exclude or limit evidence before trial. They help
ensure that only relevant and admissible evidence is presented to the court, which can save time
and prevent prejudice.
8) Settlement Discussions: Throughout the pre-trial process, parties often engage in settlement
discussions. These discussions can lead to the resolution of the dispute without the need for a trial,
saving time and resources for all parties involved.
 STEPS BEFORE TRIAL

• In summary, the procedural steps before trial are essential for clarifying the issues in dispute,
exchanging relevant information, resolving legal issues, and preparing for an efficient and fair
trial. They are designed to promote the just, expeditious, and cost-effective resolution of
disputes.
 ORDER 11

 The Civil Procedure Rules of 2010 have been amended through Legal Notice 22 of
2020, which has introduced the Civil Procedure (Amendment) Rules of 2020 have
completely deleted Order 11 on pre-trial directions and conferences and replaced it
with a new Order 11 on case management and conferences.
 The new Order 11 sets out detailed steps required to carry out proper case
management and conferencing. The Order applies to all suits aside from small claims
or such other suits as the Court may order to vary the whole or any part of this Order.
With the replacement of the rules under Order 11, the appendices attached to the
previous Order have similarly been replaced to coincide with the rules on case
management. The amendments have also substituted appendices B, C and D by
introducing forms for the case management checklist, the case management
conference certificate and the case management order.
 ORDER 11

• The Principal Rules have been amended by deleting Order 11 in its entirety and replacing it with a
new Order 11. The first change brought by the Amendment Rules is renaming of Order 11 from Pre-
Trial Directions and Conferences to Case Management and Conferences. The Principal Rules
required both parties to, within ten days after the close of the pleadings, complete, file and serve the
pre-trial questionnaire. This has changed. The Amendment Rules now require the Plaintiff to file with
the Court a case management checklist within fourteen days after the close of pleadings.
• Order 11 Rule 2(2) stipulates what must be provided in the checklist which is more detailed than what
was provided in the Principal Rules, especially the details of the parties and/or their Advocates and
their contact details. Further, the Amendment Rules now require the Plaintiff, while filing the checklist,
to provide a list of all the pleadings which have been filed with the date on which each pleading was
filed.
 ORDER 11

• In addition, the Amendment Rules require that where any pleadings have been amended, the case
management checklist shall also contain the following: — This is supposed to make it easier for
the parties and the Court to make reference to the filed pleadings and documents during the
hearing. The Amendment Rules also require the Plaintiff to, within fourteen days of filing the case
management checklist, serve the checklist on the other party(s) to the suit and invite them, in
writing, to meet at the registry with a view to fixing a date on which to hold a case management
conference. This is a departure from the Principal Rules where it was the Court’s responsibility to
convene a Case Conference within thirty days after the close of pleadings.
• Unlike the provisions of the Principal Rules that required parties to file and serve the pre-trial
questionnaire and issues for determination within ten days complete, the Amendment Rules now
puts that responsibility on the Court at the case management conference, complete the case
management checklist which shall be signed by the parties and certified by the Court after which
the Court is required to set out the issues for determination at the hearing.
 ORDER 11

• The Amendment Rules specify that the case management conference shall take place
within sixty days of the date of service of the checklist in the case of a fast-track case; or
within ninety days of the date of the service of the checklist in the case of a multi-track
case.
• The Amendment Rules now give weight to out of court settlement and alternative
dispute resolution mechanisms which should be discussed and agreed upon, if at all,
during the case management conference.
• The overhaul of Order 11 is to ensures expeditious disposal of cases, afford parties the
opportunity to settle the matter out of court or through the use of Alternative Dispute
Resolution mechanisms as much as possible, determine matters relating to
management and disposal of the case, deal with pre-trial application and identify issues
for determination much faster than it was under the Principal Rules.
 ORDER 11

• Order 11 Rule 1- States that Order 11 shall apply to all suits other than suits
for small claims or such other suits as the Court may order to vary the whole
or any part of this Order.
• Case Management Checklist [Order 11, rule 2]- Within fourteen days after
the close of pleadings, the plaintiff shall file with the court a case
management checklist in the form set out in Appendix B.
• 2) The plaintiff shall complete the checklist with— (a) the name of the
advocate or firm of advocates representing each party; (b) the postal
address, telephone number, email address and physical address of the
advocate or firm of advocates representing each party;
 ORDER 11

• (c) where a party is not represented by an advocate or a firm of advocates,

the postal address, telephone number, email address and physical address of
the party; and (d) a list of all the pleadings which have been filed with the
date on which each pleading was filed.
 ORDER 11

• Case Management Conference [Order 11, Rule 3]

• (1) The purpose of a case management conference shall be to— (a)
promote the expeditious disposal of cases; (b) afford the parties an
opportunity to use alternative dispute resolution mechanisms to determine
the case; (c) afford the parties an opportunity to settle the case; (d)
determine any other matter relating to the management, hearing or
disposal of the case; (e) deal with pre-trial applications at first instance or
formulate a timetable to deal with them as the court may deem fit; and (t)
identify the issues for determination
 ORDER 11

• (2) The judge or deputy registrar or magistrate or case management officer

shall, at the case management conference, complete the case management
checklist in the form set out in Appendix B.
• (3) Parties to a suit shall sign the completed case management checklist
which shall be certified by the judge or deputy registrar or magistrate or
case management officer who shall also set out the issues for determination
at the hearing.
 ORDER 11

• 4. At a case management conference — (a) only the advocate or firm of

advocates on record or a designated advocate, with instructions to deal with
any matter that may be raised during the conference, shall be permitted to
participate and by any order or direction given by the court shall be binding
to the parties; or (b) where a party is not represented by an advocate or firm
of advocates, only the named party or recognized agent of the party to the
suit shall be permitted to participate.
CLASS 3

THE END