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Asking leave to add a Defendant to a claim - repercussions?

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  • Asking leave to add a Defendant to a claim - repercussions?

    I am taking a medical testing place to Court. They have filed their defence and allocation questionnaires are now due.

    I wish to add a second defendant (the trial sponsor) as second defendant. I believe I have to make an application asking leave to do so?

    Can anyone tell me the possible repercussions, financially and in terms of procedure, if I do this?
    Tags: None

  • #2
    CPR Part 19 and Practice Direction 19A cover substitution and addition of parties. You should ensure that your application complies with them.

    As to repercussions, the obvious ones are financial, in the event that you lose your case i.e. payment of costs.

    Are you certain that you have a legal cause of action against the trial sponsor? Does your application arise from something said in the existing defendant's defence?

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      atticus I've been told that the sponsor said something to influence my case, whereas the sponsor is being cagey when answering my questions about such. I feel like I need to get them into court to find out the truth of things.

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      • #4
        That does not sound like a very good reason for making them a defendant. What order would you be seeking against them?

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        • #5
          Maybe I should just call them as a witness instead?

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          • #6
            Without understanding whether you have grounds to bring a claim, or whether their evidence will be helpful to you. I am not in a position to answer that question.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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