Molavi v Hibbert & Ors [2020] EWHC 121 (Ch) (27 January 2020)

Molavi v Hibbert & Ors [2020] EWHC 121 (Ch) (27 January 2020)

The application to join the BBC and Mr McCrery as Defendants fails because neither CPR 19.2(2)(a) nor (b) is satisfied: there is no sufficient connection between the proposed new claims and the existing proceedings, and joinder would not be desirable or further the overriding objective. The claims are distinct,...

Source-derived case information.

Citation
[2020] EWHC 121 (Ch)
Parties
Claimant/applicant: Dr. Donna Molavi; Defendant: Guy Hibbert; Defendant: The Forge Entertainment Limited; Respondent (proposed Defendant): Nigel McCrery; Respondent (proposed Defendant): British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
27 January 2020
Procedural Posture
Application for Joinder of Parties to Existing Claim / Interlocutory Application (joinder)
Outcome
Application dismissed
Legal Topics
Joinder of Parties, Copyright Infringement, Breach of Confidence, Case Management
Civil Procedure Intellectual Property Joinder of Parties Copyright Infringement Breach of Confidence Case Management

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Parties

Dr. Donna Molavi

Claimant/applicant

Guy Hibbert

Defendant

The Forge Entertainment Limited

Defendant

Nigel McCrery

Respondent (proposed Defendant)

British Broadcasting Corporation

Respondent (proposed Defendant)

Procedural Posture

Application for Joinder of Parties to Existing Claim / Interlocutory Application (joinder)

Legal Issues

  1. 1 Whether the BBC and Mr McCrery should be joined as Defendants under CPR 19.2(2)(a) or (b) to the existing claim against Mr Hibbert and Forge Entertainment Limited.

Ratio Decidendi

The application to join the BBC and Mr McCrery as Defendants fails because neither CPR 19.2(2)(a) nor (b) is satisfied: there is no sufficient connection between the proposed new claims and the existing proceedings, and joinder would not be desirable or further the overriding objective. The claims are distinct, involve different facts, parties, and legal issues, and joinder would increase costs and delay without benefit.

Court Disposition

Application dismissed

Orders

  • Claimant's application to join the BBC and Mr McCrery as Defendants is dismissed.
  • Directions to be given for future conduct of the case within the short and flexible trials scheme.