Davies & Ors v The Department of Trade & Industry & Ors [2006] EWCA Civ 1360 (20 October 2006)

Davies & Ors v The Department of Trade & Industry & Ors [2006] EWCA Civ 1360 (20 October 2006)

The judge correctly exercised his discretion in refusing to broaden the GLO issues or join CMC at this stage, as the court has the power to join parties under CPR 19.2 but should do so only when proceedings are on foot and the interests of justice require it. The potential interests of CMC do not currently conflict...

Source-derived case information.

Citation
[2006] EWCA Civ 1360
Parties
Respondent: Davies and Ors; Respondent: The Department of Trade & Industry & Anr; Appellants: Coal Mining Contractors (CMC)
Jurisdiction
England and Wales
Judgment Date
20 October 2006
Procedural Posture
Appeal / Appeal From Group Litigation Order Decision in Leeds County Court
Outcome
Appeal dismissed
Legal Topics
Group Litigation Orders, Joinder of Parties, Employer Liability, Contribution Proceedings
Civil Procedure Personal Injury Employment Law Group Litigation Orders Joinder of Parties Employer Liability Contribution Proceedings

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Parties

Davies and Ors

Respondent

The Department of Trade & Industry & Anr

Respondent

Coal Mining Contractors (CMC)

Appellants

Procedural Posture

Appeal / Appeal From Group Litigation Order Decision in Leeds County Court

Legal Issues

  1. 1 Whether the court has power to join potential Part 20 defendants (contractors) to group litigation at the GLO stage before proceedings are issued
  2. 2 Whether the issues in the GLO should be broadened to include contractors' liability from the outset

Ratio Decidendi

The judge correctly exercised his discretion in refusing to broaden the GLO issues or join CMC at this stage, as the court has the power to join parties under CPR 19.2 but should do so only when proceedings are on foot and the interests of justice require it. The potential interests of CMC do not currently conflict with those of the DTI, and joining CMC now would unnecessarily increase costs and risk to claimants' funding. The matter should be kept under review as the litigation develops.

Court Disposition

Appeal dismissed

Orders

  • No order to broaden GLO issues or join CMC at this stage
  • Matter to be kept under review for possible reconsideration if circumstances change