England and Wales · Competition Appeal Tribunal
When can a defendant claim contribution without CAT permission?
A qualifying contribution claim against a later-added existing party can be filed without permission within twenty-eight days after that party files its defence. Filing with the applicant’s own defence is a separate route. Later claims need permission.
- Period
- Twenty-eight days for the later-added-party branch
- Trigger
- Actual defence filing by the party added to the claim later
- Rule
- Competition Appeal Tribunal Rules 2015, rule 39(4)
Reviewed against the retained current official sources. The applicant has filed an acknowledgment or defence and seeks contribution or indemnity against an existing party.
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When can a defendant claim contribution without CAT permission?
A qualifying contribution claim against a later-added existing party can be filed without permission within twenty-eight days after that party files its defence. Filing with the applicant’s own defence is a separate route. Later claims need permission.
Responsible actor. A defendant seeking contribution or indemnity against an existing party.
Actual defence filing by the party added to the claim later
The applicant has filed an acknowledgment or defence and seeks contribution or indemnity against an existing party.
The applicant has filed an acknowledgment or defence and seeks contribution or indemnity against an existing party. The respondent to the additional claim was added to the claim later, and that party’s actual defence filing date is established. The claim is not relying on the separate permission-free route of filing with the applicant’s own defence.
Competition Appeal Tribunal Rules 2015, rule 39(4)How does this provision count time?
- Exclude the day of actual defence filing by the party added to the claim later. Count 28 calendar days under Rule 112(2), including intervening weekends and bank holidays.
- For file the additional claim within the permission-free window., Rule 112(5) carries a final weekend or bank holiday to the next nonclosed day. Completion ordinarily occurs before 5PM under Rule 112(1).
Exclude the day of actual defence filing by the party added to the claim later. Count 28 calendar days under Rule 112(2), including intervening weekends and bank holidays.
For file the additional claim within the permission-free window., Rule 112(5) carries a final weekend or bank holiday to the next nonclosed day. Completion ordinarily occurs before 5PM under Rule 112(1).
Competition Appeal Tribunal Rules 2015, rule 39(4)What do independently checked examples show?
Fictitious example
Fictitious established ordinary branch. Actual defence filing by the party added to the claim later is Tuesday, October 13, 2026.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious established ordinary branch. Actual defence filing by the party added to the claim later is Tuesday, October 13, 2026. CAT 112 excludes the actual starting day. Intervening weekends count. Carry the final required-act weekend or bank holiday under 112(5). | Tuesday, November 10, 2026 |
| Example 2. Closed-day boundary | Fictitious boundary or material scenario. CAT 112 excludes the actual starting day. Intervening weekends count. Carry the final required-act weekend or bank holiday under 112(5). CAT 112 excludes the actual starting day. Intervening weekends count. Carry the final required-act weekend or bank holiday under 112(5). | Tuesday, December 29, 2026 |
| Example 3. Material procedural branch | Fictitious boundary or material scenario. The proposed additional defendant was not a later-added existing party. The applicant instead seeks a different additional-claim permission route. The proposed additional defendant was not a later-added existing party. The applicant instead seeks a different additional-claim permission route. | The proposed additional defendant was not a later-added existing party. The applicant instead seeks a different additional-claim permission route. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicable procedure
- The applicant has filed an acknowledgment or defence and seeks contribution or indemnity against an existing party.
- Actual triggering facts
- The respondent to the additional claim was added to the claim later, and that party’s actual defence filing date is established.
- Material qualification
- The claim is not relying on the separate permission-free route of filing with the applicant’s own defence.
- Counting and completion
- Exclude the day of actual defence filing by the party added to the claim later. Count 28 calendar days under Rule 112(2), including intervening weekends and bank holidays. For file the additional claim within the permission-free window., Rule 112(5) carries a final weekend or bank holiday to the next nonclosed day. Completion ordinarily occurs before 5PM under Rule 112(1).
- The applicant has filed an acknowledgment or defence and seeks contribution or indemnity against an existing party. The respondent to the additional claim was added to the claim later, and that party’s actual defence filing date is established. The claim is not relying on the separate permission-free route of filing with the applicant’s own defence.
- The respondent to the additional claim was added to the claim later, and that party’s actual defence filing date is established.
What must the responsible actor complete?
Questions about this procedure
When can a defendant claim contribution without CAT permission?
Does every additional claim have a twenty-eight-day period?
No. Rule 39(4)(a) gives that window for a contribution or indemnity claim against a party added later. Other additional claims have different permission requirements.
Competition Appeal Tribunal Rules 2015, rule 39(3)-(4)Can I file the contribution claim with my own defence?
Yes. An eligible contribution or indemnity claim against an existing party can be filed with the defendant’s own defence without permission.
Competition Appeal Tribunal Rules 2015, rule 39(4)(a)Whose defence starts the later-added-party window?
The later-added party’s defence filing starts it. The applicant’s earlier acknowledgment or defence does not start that particular twenty-eight-day period.
Competition Appeal Tribunal Rules 2015, rule 39(4)(a)What if the permission-free window has passed?
The defendant may seek the Tribunal’s permission under Rule 39(4)(b). Expiry of this procedural window does not itself decide the substantive claim’s limitation.
Competition Appeal Tribunal Rules 2015, rule 39(4)(b)Does this rule cover every counterclaim?
No. Rule 39 distinguishes counterclaims, other additional claims and the contribution or indemnity branch. Establish the actual claim category first.
Competition Appeal Tribunal Rules 2015, rule 39(1),(3)-(4)Does the additional claim become part of the procedural claim framework?
Yes. Rule 39(2) treats an additional claim as a claim for the purposes of the CAT Rules. Permission timing does not replace its other requirements.
Competition Appeal Tribunal Rules 2015, rule 39(2)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Competition Appeal Tribunal Rules 2015, rule 39(4) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 112(1)-(5) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 111 | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 39(3)-(4) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 39(4)(a) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 39(4)(b) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 39(1),(3)-(4) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 39(2) | Check the identified procedure, event, counting rule or qualification |