Tardios & Anor v Linton (aka Patricia Carpenter) [2015] EWHC 1429 (QB) (21 May 2015)

Tardios & Anor v Linton (aka Patricia Carpenter) [2015] EWHC 1429 (QB) (21 May 2015)

The court has jurisdiction to amend the claim form and substitute Ms Linton as defendant before final judgment, as default judgment did not determine all issues. Evidence establishes Ms Linton is Patricia Carpenter, and there is no triable issue regarding that fact. Appeal dismissed.

Source-derived case information.

Citation
[2015] EWHC 1429 (QB)
Parties
Claimant/respondent: Calliope Tardios; Claimant/respondent: St John's Preparatory and Senior School Limited; Defendant/appellant: Pammela Linton also known as Patricia Carpenter
Jurisdiction
England and Wales
Judgment Date
21 May 2015
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Party Substitution, Default Judgment, Libel, Joinder of Parties, Procedural Fairness
Civil Procedure Defamation Party Substitution Default Judgment Libel Joinder of Parties Procedural Fairness

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Parties

Calliope Tardios

Claimant/respondent

St John's Preparatory and Senior School Limited

Claimant/respondent

Pammela Linton also known as Patricia Carpenter

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Is it permissible to change the name of a party after default judgment has been obtained?
  2. 2 What procedure should be adopted when the party to be joined disputes the factual basis for joinder?

Ratio Decidendi

The court has jurisdiction to amend the claim form and substitute Ms Linton as defendant before final judgment, as default judgment did not determine all issues. Evidence establishes Ms Linton is Patricia Carpenter, and there is no triable issue regarding that fact. Appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • No revocation of Master Eastman's order
  • No striking out of claim