| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 164 (Feb) |
| Court: | Chancery Division (Leeds District Registry) |
| Judge: | Judge Behrens sitting as a judge of the High Court |
| Representation | John Furber QC (instructed by Ford & Warren, Leeds) for the transferors. |
| David Mumford (instructed by Hatch Brenner, Norwich) for the defendants. | |
| Judgment Dates: | 13 September 2006 |
Catchwords
Contract - Sale of land - Rescission of contract - Claimant transferring property to defendants in part exchange for another property - Defendants accepting claimant's repudiatory breach of contract - Defendants seeking to sell property to recoup costs due from claimant - Third party transferors claiming ownership of property transferred to defendants - Transferors applying to intervene in defendants' proceedings on basis that they were 'directly affected' by order - Whether transferors application an abuse of process - Whether transferors 'directly affected' by order - Whether transferors having claim in restitution against defendants - Civil Procedure Rules 1998, , 40.9.
The Case
The transferors' application pursuant to the Civil Procedure Rules 1998, , 40.9 to intervene in the proceedings between the parties was dismissed, the court taking the view that in the circumstances, the transferors were not 'directly affected' by the order and therefore had no direct restitutionary claim against the defendants, only against the claimant.
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