Source: All England Reporter
Publisher Citation: [2012] All ER (D) 136 (Nov)
Neutral Citation: [2012] EWCA Civ 1426
Court: Court of Appeal, Civil Division
Judge:

Lord Dyson MR, Davis LJ and Treacy J

Representation Abimbola Badejo (instructed by the London Borough of Hounslow) for the authority.
  Toby Vanhegan (instructed by Polpitiya & Co Ltd, Southall) for the defendant.
Judgment Dates: 2 October 2012

Catchwords

Practice - Parties - Substitution - Application for possession being commenced against defendant - Defendant asserting claim brought by management agent, not local authority owner of property, consequently there was no right to possession - Authority submitting application to substitute parties - Application not being pursued for four months until day before hearing - Defendant submitting authority not entitled to substitution - Judge ordering substitution of authority for agent - Defendant appealing - Whether judge erring.

The Case

Practice Parties. The Court of Appeal, Civil Division, dismissed the defendant's appeal against a local authority's substitution as a party to possession proceedings, holding that CPR 19.2(4) did not preclude consideration of such an application under any other provision of CPR 19.2.

Practice Areas

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