When is the deadline for additional claim for contribution or indemnity against an existing party, without permission?
The catalogue records a 28 days period from The date a later-added party files its defence (where the additional claim is not filed with the defendant's own defence). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The date a later-added party files its defence (where the additional claim is not filed with the defendant's own defence)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 39(4)(b) preserves the right to make the additional claim "at any other time, with the permission of the Tribunal". Missing the 28 days converts an as-of-right step into a permission application, weighed under the rule 40(2) factors. It does not extinguish the claim.
- The 28 days is an as-of-right window, not a bar. Rule 39(3) applies the same structure to other additional claims under s.47A: with the defence as of right, otherwise with permission. Rule 40(1) gives the Tribunal power to permit, dismiss, sever or transfer an additional claim. Contribution claims remain subject to their own limitation regime, which this rule does not displace.