Description
Judge Wrong to Refuse Permission to Third Party To Be Joined As Party To Personal Injury Proceedings:The Court of Appeal held that the Judge had erred in refusing a third party's application to be joined as party to the Claimant's personal injury claim against the Defendant and ordering a split trial. The Judge had also erred in ruling that the third party did not require representation at the liability trial on the grounds that he shared a common stance with the Defendant. The Court of Appeal held that the third party was not an ordinary witness as he was at risk and as such, he required representation by his own lawyers. The Court of Appeal held that the Judge placed the strict discipline of CPR Part 20 over its underlying rationale and accordingly, the Court of Appeal ordered that the third party be joined to the proceedings.
