| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 190 (Mar) |
| Neutral Citation: | [2003] EWHC 470 (Ch) |
| Court: | Chancery Division |
| Judge: | Sir Andrew Morritt V-C |
| Representation | Henry Carr QC and Mark Vanhegan (instructed by Wiggin & Co) for the claimants. |
| Jeffrey Onions QC and Philip Roberts (instructed by Nicholson Graham & Jones) for the defendants. | |
| Judgment Dates: | 13 March 2003 |
Catchwords
Practice and procedure - Parties - Representative proceedings - Right to represent - 'Same interest' in claim - CPR 19.6,(1)(2).
The Case
The provisions of the Civil Procedure Rules, particularly CPR 1.2, emphasised the need to interpret the phrase 'the same interest' and to apply the provisions of CPR 19.6 both flexibly and in conformity with the overriding objective. The claim in the instant case was capable of being brought in a representative capacity because the claimants and the relevant members had the same interest in the claim.
Practice Areas
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