--(1) This rule applies when the court is considering whether to-
----(a) permit an ancillary claim to be made;
----(b) dismiss an ancillary claim; or
----(c) require the ancillary claim to be dealt with separately from the claim.
----(Rules 26.1(g) and (h) deal with the court's power to decide the order in which issues are to be tried or to order that part of the proceedings be dealt with separately).
--(2) The court must have regard to all the circumstances of the case including-
----(a) the connection between the ancillary claim and the claim;
----(b) whether the ancillary claimant is seeking substantially the same remedy which some other party is claiming from him;
----(c) whether the facts in the ancillary claim are substantially the same, or closely connected with, the facts in the claim; and
----(d) whether the ancillary claimant wants the court to decide any question connected with the subject matter of the proceedings-
--------(i) not only between the existing parties but also between existing parties and the proposed ancillary claim defendant; or
--------(ii) to which he is already a party but also in some further capacity.
Notes
Back to Part (18. Counterclaims, Ancillary Claims and other Similar Claims)