PR Records Ltd v Vinyl 2000 Ltd & Anor

PR Records Ltd v Vinyl 2000 Ltd & Anor

The correct approach is to permit joinder of a non-party for the purpose of seeking a non-party costs order unless the application is an abuse of process; delay alone, absent real prejudice, does not bar joinder. The Master erred by applying a merits-based threshold at the joinder stage rather than following the procedural approach established in Dranez Anstalt v Hayek.

Parties
Appellant/claimant: PR Records Limited; Respondent/defendant: Vinyl 2000 Limited; Respondent/defendant: Susan Agnes Owlett; Non Party Proposed to Be Added: Adrian Owlett
Jurisdiction
England and Wales
Judgment Date
18 July 2007
Procedural Posture
Appeal / Appeal From Dismissal of Application to Join Non Party for Costs Order
Outcome
appeal allowed
Legal Topics
Non Party Costs Orders, Joinder of Parties, Delay in Applications, Funding Litigation, Exceptional Costs Orders
Civil Procedure Costs Non Party Costs Orders Joinder of Parties Delay in Applications Funding Litigation Exceptional Costs Orders

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 4 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PR Records Limited

Appellant/claimant

Vinyl 2000 Limited

Respondent/defendant

Susan Agnes Owlett

Respondent/defendant

Adrian Owlett

Non Party Proposed to Be Added

Procedural Posture

Appeal / Appeal From Dismissal of Application to Join Non Party for Costs Order

Legal Issues

  1. 1 Whether the court should permit joinder of a non-party for the purpose of seeking a non-party costs order under CPR 48.2
  2. 2 Whether delay in making the application for joinder and costs order is fatal to the application
  3. 3 What threshold or test applies at the joinder stage under CPR 48.2(1)(a)

Ratio Decidendi

The correct approach is to permit joinder of a non-party for the purpose of seeking a non-party costs order unless the application is an abuse of process; delay alone, absent real prejudice, does not bar joinder. The Master erred by applying a merits-based threshold at the joinder stage rather than following the procedural approach established in Dranez Anstalt v Hayek.

Court Disposition

appeal allowed

Orders

  • Mr Owlett to be joined as a party pursuant to CPR 48.2(1)(a)
  • Matter to proceed to second stage for consideration of non-party costs order