Q&As

Where Party A has both a contractual debt claim and a personal injury claim for damages against Party B is Party A required to bring both claims at the same time or can they bring the two claims against Party B at different times?

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Published on LexisPSL on 18/12/2017

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

  • Where Party A has both a contractual debt claim and a personal injury claim for damages against Party B is Party A required to bring both claims at the same time or can they bring the two claims against Party B at different times?

In this Q&A we have limited our research to cover issuing separate claims arising out of the same relationship. We refer to a claimant who is a private individual.

CPR 7.3 states:

7.3 Right to use one claim form to start two or more claims

A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.’

Whilst this shows you ‘may’ bring a claim, it falls short of saying you ‘must’.

Nevertheless, there are other considerations which should be considered such as res judicata and Henderson abuse.

Henderson v Henderson established the principle that prevents parties from opening the same subject of litigation that they could have advanced in earlier proceedings but was omitted due to negligence, inadvertence or accident. Defendants are, therefore, protected from the burden of successive suits when a single claim could have disposed of the matter. The purpose of the rule, according to Johnson v Gore Wood & Co (a firm) and Divine-Bortey v Brent London Borough Council is to ensure parties put their whole case before courts which:

  1. maintains the public policy of finality in litigation

  2. avoids wasted time and costs

  3. prevents duplication of effort and dispersal of evidence

  4. reduces the risk of inconsistent findings which are involved if different courts at different times are obliged to examine the same facts giving rise to

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