| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 18 (May) |
| Court: | Chancery Division |
| Judge: | Michael Briggs QC sitting as a deputy judge of the High Court |
| Representation | Thomas Graham (instructed by BP Collins) for the petitioner. |
| Alexander Hill-Smith (instructed by BrookStreet Des Roches) for VM Ltd (BVI). | |
| Judgment Dates: | 2 May 2006 |
Catchwords
Practice - Parties - Striking out party - Improper intervention by party - Petitioner applying to strike out action against party - Whether application should be granted.
The Case
On the petitioner's application to strike out a defence to his action against a company for unfairly prejudicial conduct on the basis that the party which had served that defence had improperly intervened in the action, the court decided that in the circumstances, the best approach was to discontinue the action against that party pursuant to CPR 38.6.
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