Molavi v Hibbert & Ors

Molavi v Hibbert & Ors

The application to join the BBC and Mr McCrery as defendants fails because the conditions under CPR 19.2(2)(a) and (b) are not satisfied: the BBC cannot assist in resolving the matters in dispute in the existing proceedings, and Mr McCrery's involvement is peripheral and can be addressed by witness evidence. There is insufficient connection between the claims against the BBC and Mr McCrery and the existing dispute, and joinder would not be desirable as it would increase costs and delay without furthering the overriding objective.

Parties
Claimant/applicant: Dr. Donna Molavi; Defendant: Guy Hibbert; Defendant: The Forge Entertainment Limited; Respondent: Nigel McCrery; Respondent: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
27 January 2020
Procedural Posture
Civil Intellectual Property / Ruling on Application for Joinder of Parties
Outcome
Application for joinder dismissed
Legal Topics
Joinder of Parties, Copyright Infringement, Breach of Confidence, Case Management
Intellectual Property Civil Procedure Joinder of Parties Copyright Infringement Breach of Confidence Case Management

Case Brief

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Parties

Dr. Donna Molavi

Claimant/applicant

Guy Hibbert

Defendant

The Forge Entertainment Limited

Defendant

Nigel McCrery

Respondent

British Broadcasting Corporation

Respondent

Procedural Posture

Civil Intellectual Property / Ruling on Application for Joinder of Parties

Legal Issues

  1. 1 Whether the BBC and Mr McCrery should be joined as defendants under CPR 19.2 to the existing claim against Mr Hibbert and The Forge Entertainment Limited
  2. 2 Whether the conditions under CPR 19.2(2)(a) or (b) are satisfied for joinder
  3. 3 Whether the claims against the BBC and Mr McCrery are sufficiently connected to the matters in dispute in the existing proceedings

Ratio Decidendi

The application to join the BBC and Mr McCrery as defendants fails because the conditions under CPR 19.2(2)(a) and (b) are not satisfied: the BBC cannot assist in resolving the matters in dispute in the existing proceedings, and Mr McCrery's involvement is peripheral and can be addressed by witness evidence. There is insufficient connection between the claims against the BBC and Mr McCrery and the existing dispute, and joinder would not be desirable as it would increase costs and delay without furthering the overriding objective.

Court Disposition

Application for joinder dismissed

Orders

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