Tantera & Anor v Moore

Tantera & Anor v Moore

The judge erred in refusing the third party's participation; fairness and efficient allocation of resources require the third party be allowed to participate in the trial, as findings of negligence against him are serious and he is not on equal footing without representation.

Parties
Third Party/appellant/defendant: Mr Adriano Tantera; Respondent/claimant: Mrs Emma Moore
Jurisdiction
England and Wales
Judgment Date
29 October 2009
Procedural Posture
Civil Appeal / Appeal From High Court Case Management Order
Outcome
Appeal allowed
Legal Topics
Case Management, Joinder of Parties, Vicarious Liability, Negligence, Contributory Negligence
Civil Procedure Personal Injury Contract Law Tort Law Case Management Joinder of Parties Vicarious Liability Negligence +1 more

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Parties

Mr Adriano Tantera

Third Party/appellant/defendant

Mrs Emma Moore

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court Case Management Order

Legal Issues

  1. 1 Whether the third party should be permitted to participate in the liability trial as a separate represented party
  2. 2 Whether delay in application by the third party justifies refusal of participation
  3. 3 Whether interests of justice and fairness require third party's participation

Ratio Decidendi

The judge erred in refusing the third party's participation; fairness and efficient allocation of resources require the third party be allowed to participate in the trial, as findings of negligence against him are serious and he is not on equal footing without representation.

Court Disposition

Appeal allowed

Orders

  • Third party granted permission to participate in the liability trial