1. If the other party is already a defendant
If the person you wish to claim against is already a defendant in the same action, you may proceed by issuing a “Contribution Notice”.
A Contribution Notice is used where one defendant claims that another defendant should contribute to, or indemnify him against, any liability to the plaintiff. It may also be used where a defendant wants the court to determine a specific question or issue between the defendants.
You do not need to obtain the court’s leave before issuing and serving a Contribution Notice. However, the notice must be sealed by the Court Registry before it is served. The notice should clearly state the nature and grounds of your claim, for example that you are claiming contribution or indemnity from the co-defendant.
If the co-defendant has already acknowledged service of the original writ, he does not need to file a fresh acknowledgment of service simply because a Contribution Notice has been served on him.
After serving the Contribution Notice, you should apply to the court for directions. If you do not do so within 14 days after service of the notice, the co-defendant may apply for directions himself. He may also apply to have the Contribution Notice set aside.
(Please see Order 16, rules 4 and 8 of the Rules of the High Court (Cap. 4A) or the Rules of the District Court (Cap. 336H) for details.)
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