--(1) An "ancillary claim" is any claim other than a claim by a claimant against a defendant or a claim by a defendant to be entitled to a set off and includes-
----(a) a counterclaim by a defendant against the claimant or against the claimant and some other person;
----(b) a claim by the defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy; and
----(c) where an ancillary claim has been made against a person, any claim made by that person against any other person (whether or not already a party).
--(2) In this Part-
--"ancillary claimant" means a person who makes an ancillary claim; and
--"ancillary defendant" means the defendant to that claim.
--(3) Where an ancillary defendant makes an ancillary claim against a further person that person is to be called the "second (or as the case may be) ancilliary defendant".
--(4) No ancillary claim may be made in proceedings by or against the State unless the court gives permission.
--(5) The court may not give permission under paragraph (4) for the issue of an ancillary claim against the State unless it is satisfied that the State is in possession of all such information as it reasonably requires-
----(a) about the claim made against it; and
----(b) as to the departments and officers of State concerned.
Notes
Amended by Legal Notice 233 of 2005.
Amended by Legal Notice 140 of 2000.
There is a minor typographical error in the spelling of "ancillary" in sub-rule (3).
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