Benkel v East-West German Real Estate Holding & Anor

Benkel v East-West German Real Estate Holding & Anor

The court has jurisdiction to join Mr Dikautschitsch as a defendant under Article 8.1 of the Recast Brussels Regulation because the claims against him and the existing defendants are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments. Joinder is appropriate under CPR Rule 19.2, and the late stage of application does not render it unfair or an abuse of process given Mr Dikautschitsch's close involvement in the litigation from its inception.

Parties
Claimant: Joseph Benkel; First Defendant: East-West German Real Estate Holding; Second Defendant: Mirella Elena Helbet; Proposed Third Defendant: Mr Dikautschitsch
Jurisdiction
England and Wales
Judgment Date
03 February 2021
Procedural Posture
Civil / Interlocutory Application (joinder of Party)
Outcome
Application granted
Legal Topics
Joinder of Parties, Trust Relationships, Jurisdiction Under Brussels Regulation, Case Management, Abuse of Process
Civil Procedure Trusts and Equity Cross Border Insolvency Joinder of Parties Trust Relationships Jurisdiction Under Brussels Regulation Case Management Abuse of Process

Case Brief

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Parties

Joseph Benkel

Claimant

East-West German Real Estate Holding

First Defendant

Mirella Elena Helbet

Second Defendant

Mr Dikautschitsch

Proposed Third Defendant

Procedural Posture

Civil / Interlocutory Application (joinder of Party)

Legal Issues

  1. 1 Whether Mr Dikautschitsch should be joined as a defendant to the proceedings
  2. 2 Whether the English court has jurisdiction over Mr Dikautschitsch under Article 8.1 of the Recast Brussels Regulation
  3. 3 Whether joinder at this stage is procedurally fair and not an abuse of process

Ratio Decidendi

The court has jurisdiction to join Mr Dikautschitsch as a defendant under Article 8.1 of the Recast Brussels Regulation because the claims against him and the existing defendants are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments. Joinder is appropriate under CPR Rule 19.2, and the late stage of application does not render it unfair or an abuse of process given Mr Dikautschitsch's close involvement in the litigation from its inception.

Court Disposition

Application granted

Orders

  • Mr Dikautschitsch is joined as a defendant to the proceedings.
  • Service of proceedings on Mr Dikautschitsch permitted at the London office of the defendants' solicitors and by email.