Question 1 of 10

You are instructed to advise Green Jupiter Flowers, a landscaping company. It is the defendant (“the Defendant”) to a breach of contract claim (“the Claim”) brought by a customer (“the Claimant”) in respect of a contract for landscaping and design works at the Claimant’s property ("the Contract”). It is alleged that some of the works undertaken by the Defendant under the Contract were not carried out with the requisite skill and care and that some of the plants supplied by the Defendant were not of satisfactory quality and/or fit for purpose. The Claim Form and Particulars of Claim have both been served on the Defendant. An acknowledgment of service has been filed on the Defendant’s behalf, indicating an intention to defend the claim. You are in the process of drafting the Defence. The Defendant denies that it is in breach of contract. In the alternative, the Defendant maintains that it sourced all of the plants for the contract from another company (“the Company”) who is at fault and should be liable for any damage suffered by the Claimant in this respect.Which ONE of the following statements, relating to additional claims under the CPR, is the MOST APPROPRIATE advice for you to give to the Defendant?

A. In order to pass on any possible liability to the Company in relation to the plants, the Defendant should claim a contribution or indemnity from the Company pursuant to CPR 20.6. B. In order to pass on any possible liability to the Company in relation to the plants, the Defendant should issue an additional claim against the Company pursuant to CPR 20.7. C. In order to pass on any possible liability in relation to the plants to the Company, the Defendant should issue a counterclaim against the Company pursuant to CPR 20.5. D. If the Defendant is eventually found to be liable to the Claimant in relation to the plants, the Defendant could only ever pass this liability on to the Company if the Claimant joins the Company to its claim, pursuant to CPR 19.