Joint Tenancy and party to counterclaim under CPR 19.3

[peeta]

Hi rob ,

Thanks again, I have checked the contract. nothing that says I can sign on behalf of others.

Yes, this case which started as possession claim has seen several adjournments (due to LL's mistakes) and now in Small claims track and never ever LL or his counsel brought this issue of my wife not being a 'party'. None of their defence to the counterclaim mention this even.

All court orders cite me as a first defendant and my wife as second defendant (is me being listed first defendant give me any leverage?). But my wife, so far, has has not filed any witness statements, signed any courts forms etc.

But, I only came to know recently,this could be an issue, when I did research for my skeleton arguments ahead of the hearing and came across this Gladenhust v Hashemi case I cited.

Apart from this, my case is bulletproof, so I just also wanted to remedy this 'procedural anomaly'' just in case LL brings this up in the final hearing. but just don't know how to.

Yes, I also agree, I do not want to rock the boat now..but like I said want to put this right just in case so that the case does not get adjourned because of this.

So, to my limited legal knowledge, I think I have these options.
1) Just file a witness statement from my wife with the court where she gives her consent
2) File a full on N244

I am thinking 1) may be best option that covers all my bases, is the correct procedure is to send the same to the LL as well ?

thanks

[R0b]

So if your wife is on the order as defendant then she is already party to the claim and I don't see why you need to do anything else.

[peeta]

Hi rob ,

it is just that Gladehurst Properties Ltd v Hashemi case and Shelter confused me... Now I am clear thanks to you...

For anyone else who may end up here looking, the conclusion is: If you are counterclaiming CPR 19.3 does not apply to you...