||All England Reporter
|| All ER (D) 363 (Jul)
|| EWHC 2003 (Ch)
Michael Brindle QC sitting as a deputy judge of the High Court
||Andrew Clutterbuck (instructed by Standard Life) for SLAL.
||Nicolas Stallwarthy (instructed by CMS Cameron McKenna) for the claimants.
||28 July 2010
Practice - Parties - Substitution - Substitution of defendant - Claimants issuing professional negligence proceedings against SLAC - Claimants seeking to substitute SLAL as defendant on basis that SLAC had transferred its business to SLAL thereby releasing SLAC from liability - Claimants relying on relevant rules of court as providing grounds for substitution - Master accepting claimants' submissions and exercising discretion in claimants' favour - SLAL appealing - Whether master erring - CPR, r 19.5(3)(a), (b).
Practice Parties. The defendant company's appeal against the decision of the master to allow the claimant's application to substitute the defendant as a party in place of an associated company was dismissed on the ground that the claimants had correctly relied on r19.5(3)(a) of the CPR and the master had correctly exercised his discretion in their favour.
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