PR Records Ltd v Vinyl 2000 Ltd & Anor [2007] EWHC 1721 (Ch) (18 July 2007)

PR Records Ltd v Vinyl 2000 Ltd & Anor [2007] EWHC 1721 (Ch) (18 July 2007)

The correct approach is to permit joinder of a non-party under CPR 48.2(1)(a) unless the application is an abuse of process; preliminary assessment of the merits at the joinder stage is not required. Delay alone, absent prejudice, does not bar joinder. The appeal is allowed and Mr Owlett is to be joined as a party for costs purposes.

Citation
[2007] EWHC 1721 (Ch)
Parties
Appellant/claimant: PR Records Limited; Respondent/defendant: Vinyl 2000 Limited; Respondent/defendant: Susan Agnes Owlett; Non Party Proposed to Be Added: Adrian Owlett
Jurisdiction
England and Wales
Judgment Date
18 July 2007
Procedural Posture
Appeal From Master's Decision (chancery Division) / Appeal Against Refusal to Join Non Party for Costs Order
Outcome
Appeal allowed
Legal Topics
Non Party Costs Orders, Joinder of Parties, Delay in Application, Funding Litigation, CPR 48.2
Civil Procedure Costs Non Party Costs Orders Joinder of Parties Delay in Application Funding Litigation CPR 48.2

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Parties

PR Records Limited

Appellant/claimant

Vinyl 2000 Limited

Respondent/defendant

Susan Agnes Owlett

Respondent/defendant

Adrian Owlett

Non Party Proposed to Be Added

Procedural Posture

Appeal From Master's Decision (chancery Division) / Appeal Against Refusal to Join Non Party for Costs Order

Legal Issues

  1. 1 Whether a non-party should be joined for the purpose of a non-party costs order under CPR 48.2
  2. 2 Appropriate threshold for joinder
  3. 3 Effect of delay in making application

Ratio Decidendi

The correct approach is to permit joinder of a non-party under CPR 48.2(1)(a) unless the application is an abuse of process; preliminary assessment of the merits at the joinder stage is not required. Delay alone, absent prejudice, does not bar joinder. The appeal is allowed and Mr Owlett is to be joined as a party for costs purposes.

Court Disposition

Appeal allowed

Orders

  • Mr Owlett to be joined as a party pursuant to CPR 48.2(1)(a)
  • Matter to proceed to second stage under CPR 48.2(1)(b)