When can a third-party claim be raised?

A third-party claim can be raised when the defendant asserts a claim against someone who is not currently a party to the original action. This process allows the defendant to bring in another party that they believe is responsible for all or part of the claim made by the plaintiff. Essentially, it creates a situation where the original defendant can seek contribution or indemnity from the new party, which is particularly relevant in cases where the liability might be shared or transferred among several parties.

This mechanism is pivotal in ensuring that all relevant parties who may hold some liability can be involved in the dispute, promoting efficiency and decreasing the risk of inconsistent judgments. By adding this party, it helps the court to fully address all aspects of the case in a single proceeding, rather than requiring separate lawsuits, which could delay justice and lead to conflicting outcomes.

In contrast, a third-party claim cannot simply arise based on the unavailability of the plaintiff or as a response to a new law, nor can it be introduced after a trial has concluded, as the scope of the litigation and claims should be established during the proceedings. The requirement for the defendant to assert a claim against an external party directly aligns with the procedural rules governing third-party claims in civil litigation.