Golder v Viberts [1993] JLR 344 (18 October 1993)

Golder v Viberts [1993] JLR 344 (18 October 1993)

The court held that amendment is permitted to clarify the status of other partners as vicariously liable if those partners were parties from the outset, even if the original defendant was mistakenly believed to be a partner but was in fact an employee.

Citation
[1993] JLR 344
Parties
Plaintiff: Golder; Defendant: Viberts
Jurisdiction
Jersey
Judgment Date
18 October 1993
Procedural Posture
Civil / Interlocutory
Outcome
amendment permitted
Legal Topics
Liability of Partners, Amendment of Pleadings, Vicarious Liability
Partnership Law Civil Procedure Liability of Partners Amendment of Pleadings Vicarious Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Golder

Plaintiff

Viberts

Defendant

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether an action commenced against a firm in the mistaken belief that a defendant was a partner may continue after discovery that the defendant was merely an employee
  2. 2 Whether amendment is permitted to clarify the status of other partners as vicariously liable if those partners were parties from the outset

Ratio Decidendi

The court held that amendment is permitted to clarify the status of other partners as vicariously liable if those partners were parties from the outset, even if the original defendant was mistakenly believed to be a partner but was in fact an employee.

Court Disposition

amendment permitted

Orders

  • Plaintiff permitted to amend pleadings to clarify status of partners as vicariously liable