462Counterclaim—against additional party

462 Counterclaim—against additional party (1) A defendant to a proceeding may make a counterclaim against a person other than a plaintiff (whether or not the person is already a party to the proceeding) if— (a) the plaintiff is also made a party to the counterclaim; and (i) the defendant alleges that the other person is liable with the plaintiff for the subject matter of the counterclaim; or (ii) the defendant claims against the other person relief relating to or connected with the original subject matter of the Note See r 464 (Counterclaim—pleading) and approved form 2.9 (Defence and counterclaim) AF2015-28.

Rule 462 (2) If a defendant to a proceeding counterclaims against a person who is not a party to the original proceeding, the defendant must— (a) make the counterclaim; and (b) serve the following on the person within the time allowed for service on a plaintiff: (i) the defence (including the counterclaim); (ii) a sealed copy of any directions about filing and serving the defence (including the counterclaim); (iii) a copy of a sealed copy of any other relevant order made in relation to the proceeding; (iv) a copy of a sealed copy of the originating claim and its statement of claim; (v) a copy of a stamped copy of all other pleadings filed in the (vi) a copy of a stamped copy of all applications in the proceeding not finally disposed of; (vii) a copy of all affidavits filed in the proceeding, other than affidavits that are not relevant to the issues arising on the counterclaim; (viii) a copy of all other documents that have been served by the plaintiff on the defendant, or by the defendant on the plaintiff, and are intended to be relied on; (ix) a copy of all amendments of any document mentioned in subparagraphs (iv) to (viii) or details of the amendments. (3) A person not a party to the original proceeding who is included as a defendant to a counterclaim becomes a party to the proceeding on being served with the defence (including the counterclaim).

Rule 463 (4) If a defendant makes a counterclaim against a person not a party to the original proceeding, the relevant provisions (see subrule (5)) apply, with necessary changes, as if— (a) the counterclaim were a proceeding started by originating claim; and (b) the party making the counterclaim were a plaintiff; and (c) each party against whom the counterclaim is made were a (5) In subrule (4): relevant provisions means the following provisions: • part 2.2 (Starting civil proceedings) • part 2.3 (Notice of intention to respond and defence) • division 2.11.2 (Default by plaintiff) • division 2.11.3 (Default by defendant) • division 2.11.4 (Default by defendant—partial defence) • division 2.11.5 (Summary judgment).