| 单词 | Third party notice |
| 释义 | 第三方通知書 A notice by which a defendant in any action may bring in a third party whom he wishes to claim against in that action. A defendant to an action may claim against a person not already a party to the action any contribution or indemnity, or claim against such a person substantially the same relief or remedy claimed by the plaintiff against him relating to or connected with the original subject-matter, or require that any question or issue relating to or connected with the original subject-matter of the action should be determined not only as between the plaintiff and the defendant but also as between either or both of them and a person not already a party to the action: The Rules of the High Court (Cap 4A) O 16 r 1. A defendant may not issue a third party notice without the leave of the court unless the action was begun by writ and he issues the notice before serving his defence on the plaintiff: O 16 r 1(2). The third party notice must be served with a copy of the writ or originating summons of the action and of the pleadings served (if any): O 16 r 3(2). A third party notice creates a separate action, independent of the original action, so that if the original action is settled or otherwise disposed of, the third party proceedings may continue: Stott v West Yorkshire Road Car Co Ltd [1971] 2 QB 651, 3 All ER 534 (CA). |
| 随便看 |
|
法律词典收录了8080条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。