Q&As

If a party has a claim in contract, do they need to proceed with that action before pursuing a third party?

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Published on LexisPSL on 19/10/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • If a party has a claim in contract, do they need to proceed with that action before pursuing a third party?

If a party has a claim in contract, do they need to proceed with that action before pursuing a third party?

In general, a party can bring a claim against anyone or indeed elect not to progress a particular claim (in contract, or otherwise). The merits of each claim needs to be assessed on a case by case basis, however there may be good reasons why a party would wish to focus on a particular claim against a specific party beyond simply the perceived merits of the various causes of action they are considering. For example, a potential defendant’s financial means or the present location of a potential defendant could influence which claim a party wishes to progress. For further information, see Practice Note: Resolving a dispute—initial considerations, in particular the main section: Identify the defendant.

Once a party has a dispute to resolve, they should seek to ensure they have identified and considered any potential claims available to them

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