Source: All England Reporter
Publisher Citation: [2015] All ER (D) 11 (Jun)
Neutral Citation: [2015] EWHC 1429 (QB)
Court: Queen's Bench Division

Mr Justice Dingemans

Representation Justin Rushbrooke QC and David Hirst (instructed by Carter-Ruck) for the claimants.
  L appeared in person.
Judgment Dates: 21 May 2015


Practice - Parties - Adding defendant - Claimants in libel action seeking to change name of defendant after judgment in default of defence - Master making order sought - Whether master having jurisdiction to make order - Procedure to be adopted when party to be joined disputing factual basis on which party being joined - CPR 17.3, 19.2(4)(b).

The Case

Practice Parties. The Queen's Bench Division considered whether it was permissible to change the name of a party after default judgment had been obtained and the procedure to be adopted when the party to be joined disputed the factual basis on which that party was being joined. The court held that the master had had jurisdiction to join the defendant and, in the circumstances, had been right to make the order that he had.

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