Tardios & Anor v Linton (aka Patricia Carpenter)

Tardios & Anor v Linton (aka Patricia Carpenter)

The court has jurisdiction to substitute Ms Linton as defendant before final judgment because the default judgment did not determine all issues. The evidence establishes beyond a triable issue that Ms Linton is Patricia Carpenter. There is no procedural bar to the amendment, and the appeal is dismissed.

Parties
Claimant/respondent: Calliope Tardios; Claimant/respondent: St John’s Preparatory and Senior School; Defendant/appellant: Pammela Linton also known as Patricia Carpenter
Jurisdiction
England and Wales
Judgment Date
21 May 2015
Procedural Posture
Civil Appeal / Appeal From Order Joining Defendant After Default Judgment
Outcome
appeal dismissed
Legal Topics
Joinder of Parties, Amendment of Pleadings, Default Judgment, Identity of Parties, Libel
Civil Procedure Defamation Joinder of Parties Amendment of Pleadings Default Judgment Identity of Parties Libel

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Calliope Tardios

Claimant/respondent

St John’s Preparatory and Senior School

Claimant/respondent

Pammela Linton also known as Patricia Carpenter

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Order Joining Defendant After Default Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to substitute a named defendant after default judgment but before final judgment
  2. 2 Whether the evidence establishes that Ms Linton is the person known as Patricia Carpenter
  3. 3 What procedure should be adopted when the party to be joined disputes the factual basis for joinder

Ratio Decidendi

The court has jurisdiction to substitute Ms Linton as defendant before final judgment because the default judgment did not determine all issues. The evidence establishes beyond a triable issue that Ms Linton is Patricia Carpenter. There is no procedural bar to the amendment, and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Ms Linton's appeal is dismissed
  • Master Eastman's order joining Ms Linton as defendant is affirmed