Benkel v East-West German Real Estate Holding & Anor

Benkel v East-West German Real Estate Holding & Anor

The court found that the JURAG Issue concerning Mr Dikautschitsch is not connected to matters already in dispute in the proceedings, and that joinder would cause significant prejudice to the defendants by delaying the trial and disrupting case management. The overriding objective would not be furthered by granting the joinder at this late stage. The Evidence Application was granted as the criteria under the Taking of Evidence Regulation were satisfied.

Parties
Claimant/applicant: Joseph Benkel; Defendant/respondent: East-West German Real Estate Holding; Defendant/respondent: Mirella Elena Helbet
Jurisdiction
England and Wales
Judgment Date
12 June 2020
Procedural Posture
Civil / Ruling on Evidence and Joinder Applications
Outcome
Evidence Application granted; Joinder Application dismissed.
Legal Topics
Joinder of Parties, Taking of Evidence, Trusts and Nominee Arrangements, Case Management, Overriding Objective
Insolvency Civil Procedure Joinder of Parties Taking of Evidence Trusts and Nominee Arrangements Case Management Overriding Objective

Case Brief

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Parties

Joseph Benkel

Claimant/applicant

East-West German Real Estate Holding

Defendant/respondent

Mirella Elena Helbet

Defendant/respondent

Procedural Posture

Civil / Ruling on Evidence and Joinder Applications

Legal Issues

  1. 1 Whether the court should order evidence to be taken from German nationals under the Taking of Evidence Regulation
  2. 2 Whether it is desirable to join Mr Dikautschitsch as a defendant under CPR 19.2(2)

Ratio Decidendi

The court found that the JURAG Issue concerning Mr Dikautschitsch is not connected to matters already in dispute in the proceedings, and that joinder would cause significant prejudice to the defendants by delaying the trial and disrupting case management. The overriding objective would not be furthered by granting the joinder at this late stage. The Evidence Application was granted as the criteria under the Taking of Evidence Regulation were satisfied.

Court Disposition

Evidence Application granted; Joinder Application dismissed.

Orders

  • Order for evidence to be taken from Markus Rese and Oliver Kreider under the Taking of Evidence Regulation.
  • Joinder of Mr Dikautschitsch as defendant refused.