2. If the other party is not already a defendant

If the person you say should be responsible is not already a party to the action, you may bring that person into the proceedings by issuing a “Third Party Notice”.

A Third Party Notice is commonly used where a defendant says that, if he is liable to the plaintiff, another person should compensate him or share that liability. Once the Third Party Notice is properly served, the third party becomes a party to the action and may defend the claim in much the same way as if a separate action had been brought against him. It is usually called a “Third Party Proceedings”.

When a Third Party Notice may be issued

A Third Party Notice can only be used in certain situations. You may issue one if you claim that the third party should provide contribution or indemnity. You may also use this procedure if you claim relief against the third party which is connected with the original subject matter of the action and is substantially the same as the relief claimed by the plaintiff. In addition, a Third Party Notice may be used if a question or issue connected with the action should be determined between you, the plaintiff and the third party.

Whether leave of the court is required

In some cases, you may issue a Third Party Notice without first obtaining the court’s leave. If the action was begun by writ, and you issue the Third Party Notice before serving your defence, leave of the court is not required.

However, you must apply for leave if you have already served your defence. Leave is also required if the action was begun by originating summons, or if the proposed third party claim is against the Government.

An application for leave is usually made ex parte, meaning that it is made without first notifying the proposed third party. The application should be supported by an affidavit/affirmation explaining the basis of the proposed claim and why the third party should be brought into the proceedings.

What the third party must do after service

After the Third Party Notice has been served, the third party must file an Acknowledgment of Service within 14 days. If the third party wishes to dispute the claim, he should give notice of intention to defend.

Once the third party has given notice of intention to defend, you must apply to the court for directions by summons. These directions will set out how the third party proceedings are to continue.

If you fail to apply for directions within 7 days, the third party may apply for directions himself. He may also ask the court to set aside the Third Party Notice.

If the third party does not respond

If the third party fails to acknowledge service or fails to file a defence after being ordered to do so, he may be treated as having admitted your claim against him. He may also be bound by the judgment or decision in the main action insofar as it is relevant to the claims or issues in the Third Party Notice.

This means that a third party who ignores the proceedings may lose the opportunity to dispute liability.

(Please see Order 16, rules 1 to 6 of the Rules of the High Court or the Rules of the District Court for details.)