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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> London Borough of Hounslow v Cumar [2012] EWCA Civ 1426 (02 October 2012) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2012/1426.html Cite as: [2012] EWCA Civ 1426 |
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ON APPEAL FROM BRENTFORD COUNTY COURT
(HIS HONOUR JUDGE OPPENHEIMER)
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE DAVIS
and
MR JUSTICE TREACY
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LONDON BOROUGH OF HOUNSLOW |
Appellant |
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- and - |
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CUMAR |
Respondents |
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Mr Abimbola Badejo appeared on behalf of the Respondent.
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Crown Copyright ©
Mr Justice Treacy:
"19.2
(1) This rule applies where a party is to be added or substituted except where the case falls within rule 19.5 (special provisions about changing parties after the end of a relevant limitation period(GL)).
(2) The court may order a person to be added as a new party if –
(a) it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or
(b) there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue.
(3) The court may order any person to cease to be a party if it is not desirable for that person to be a party to the proceedings.
(4) The court may order a new party to be substituted for an existing one if –
(a) the existing party's interest or liability has passed to the new party; and
(b) it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings."
In addition, Practice Direction 19A: Addition and Substitution of parties provides at paragraph 1.1:
"Parties may be removed, added or substituted in existing proceedings either on the court's own initiative or on the application of either an existing party or a person who wishes to become a party."
"Part 19.2 seems to provide a very wide power to enable parties who may be affected by a finding in any proceedings to be joined. That the power was intended to be wide is supported by the paragraph of the Practice Direction quoted by the judge in a passage of his judgment set out below [Practice Direction 19A: Addition and Substitution of Parties]. The matter remains within the discretion of the court..."
Lord Justice Davis:
The Master of the Rolls:
Order: Application refused