Amon v Raphael Tuck and Sons Ltd: 1956

The court analysed the circumstances under which additional parties might be joined to an action by a defendant, applying a narrow interpretation. The court considered whether a defendant may be added against the parties’ wishes: ‘There are two views about its scope; an authority can be cited for both. One is that it gives a wide power to the court to join any party which has a claim which relates to the subject matter of the action . . If that is right, it really kills any submission about jurisdiction. The court is hardly likely in the exercise of its discretion to join as a party somebody who has no claim relating to the subject matter of the action: and if its powers extend to joining anyone who has, the question whether the particular intervenor should be joined becomes virtually one of discretion.’
Devlin J
[1956] 1 QB 357
Order 15 R13
Cited by:

  • Disapproved – Gurtner v Circuit CA 1968
    The Court described the gap in provision for the recovery of damages for injury where the driver of a vehicle was uninsured: ‘if (a) the defendant was not insured at the time of the accident or (b) his policy of insurance was avoided in the . .
    [1968] 2 QB 587
  • 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 . .
    Times 14-Apr-95, [1995] 1 WLR 1067
  • Cited – Autologic Holdings Plc and others v Commissioners of Inland Revenue HL 28-Jul-2005
    Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by . .
    [2005] UKHL 54, Times 01-Aug-05, [2005] 3 CMLR 2, [2005] STC 1357, [2005] STI 1336, [2006] 1 AC 118, [2005] 3 WLR 339, [2005] 4 All ER 1141, [2005] BTC 402, [2006] Eu LR 131, 77 TC 504
  • Cited – In re Vandervell’s Trusts (No 1); Vandervell Trustees Limited v White and Others HL 15-Jul-1970
    Practice – Parties – Joinder – Proceedings between subjects raising issues material to income tax – Joinder of Commissioners of Inland Revenue – Income Tax Act 1952 (15 and 16 Geo. 6 and 1 Eliz. 2, c.10), ss. 52 and 64 ; Income Tax Management Act . .
    [1971] AC 912, [1970] UKHL TC – 46 – 341, [1970] 3 WLR 452, [1970] 3 All ER 16, [1970] TR 129,, 46 TC 341

These lists may be incomplete.
Updated: 05 December 2020; Ref: scu.200493