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ARTICLE · 24 FEBRUARY 2022

Case Summary: Vardy v Rooney And Another [2022] EWHC 304 (QB)

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The aspect of the case dealing with addition of parties will be of interest to those contemplating the addition of a party where the underlying additional claim is neither an indemnity nor a contribution but rather is a claim...

United KingdomLitigation, Mediation & Arbitration

What are the practical implications of this case?

The aspect of the case dealing with addition of parties will be of interest to those contemplating the addition of a party where the underlying additional claim is neither an indemnity nor a contribution but rather is a claim 'for some other remedy' (CPR 20.2(b)); that is, a claim with a vitality of its own that could be brought as a separate Part 7 claim. Her Ladyship reviewed the approach to such an addition and found on the facts that disruption and delay attendant on adding the new claim tipped the balance in favour of refusing the application to join.

The case serves as a reminder of the strict prohibition on the collateral use of evidence disclosed in proceedings for any other purpose and is essential reading for those contemplating a claim against a third party arising from material disclosed in proceedings.

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