A person could not be added to a claim as defendant where the plaintiff has no claim against him and no wish to join him.
Citations:
(1877) 2 CPD 80
Jurisdiction:
England and Wales
Cited by:
Criticised – Montgomery v Foy, Morgan and Co 1895
The case of Norrois v Beazley was criticised as too narrow an interpretation of the rules. The court decsribed ‘one of the great objects of the Judicature Acts, namely that where there is one subject matter out of which several disputes arise, all . .
Cited – Balkanbank v Naser Taher and Others QBD 13-Feb-1995
The plaintiff had obtained a worldwide Mareva injunction, giving an undertaking for damages. On its discharge, the defendants sought to make a counterclaim. The defendant company and its subsidiaries sought to counterclaim for their damages suffered . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 30 April 2022; Ref: scu.200491