The applicants sought to join additional defendants to existing proceedings against their former solicitors (the first respondent). The ongoing action sought recovery of damages against the first respondent for negligence and breach of contract, arising from their conduct in earlier Supreme Court proceedings in 2010.
The proposed additional defendants acted for the applicants between 2017 and early 2019 in the present proceedings against the first respondent. The applicants asserted that the proposed additional defendants allowed relevant limitation periods to expire with respect to claims against the first respondent, causing loss of opportunity to recover damages, and thus sought their inclusion in the present negligence proceedings via operation of UCPR rule 69(1)(b)(i). However, the applicants failed to establish that the proposed defendants were necessary parties, and the court was satisfied that the proceedings could be effectually and completely adjudicated without them. Consequently, the application for joinder was dismissed and a Costs Order was made against the applicants.
Rob Anderson QC acted for the third respondent, instructed by Moray & Agnew.
James Green appeared for the fifth respondent, instructed by DLA Piper.
The judgment is available here.