Application against third party

PR Records Ltd v Vinyl 2000 Ltd and others [2007] EWHC 1721 (Ch)

An application for an order to join a party for the purpose of seeking an order for costs against them would normally be expected to explain the nature of the claim against the intended party and the purpose to be served by joining that party. If it was clear that a joinder of the intended party was an abuse of process, then the court would be expected to dismiss the application. In the present case, the master had been wrong to refuse to join the second defendant as a party to the proceedings and not to allow the matter to proceed to the second stage envisaged under CPR rule 48.2(1)(b). The application had not involved an abuse of process of the court. At the stage of joinder, it would not be inappropriate to attempt a preliminary assessment of the merits in order to see whether an application for a non-party cost order had a real prospect of success. The right order in the present case was to permit the joinder under CPR rule 48(1)(a) and to allow the matter to proceed to the second stage under CPR rule 48(1)(b).