Source: All England Reporter
Publisher Citation: [2002] All ER (D) 175 (Mar)
Court: Court of Appeal, Civil Division

Kennedy, Mantell LJ and Sir Swinton Thomas

Representation Philip Engelman (instructed by Ford & Warren, Leeds) for Compass.
  Richard Brent (instructed by Herbert Smith) for the defendant.
Judgment Dates: 13 March 2002


Practice - Parties - Adding claimant - Claimant suing for damage resulting from fire in restaurant caused by allegedly defective equipment supplied by defendant - Defendant seeking strike out on basis claimant having no title to sue - Claimant incorporated after date of fire - Claimant seeking to add company owning and operating restaurant at time of fire as claimant - Claimant owning entire shareholding of that company - Judge refusing to permit addition - Judge striking out claim - Whether judge in error - CPR 19.2.

The Case

If you are a LexisLibrary subscriber you can read more about this case here.