The Weekly Roundup: The Value Added Edition

Can a Claimant be forced to sue parties (s)he has no desire to bring into proceedings? A strange question, perhaps, but one that troubled the Court of Appeal in Pawley v Whitecross Dental Care Limited, Petrie Tucker & Partners Limited [2021] 12 WLUK 27. The Claimant had sued the Defendant dental practice as being vicariously liable for negligent treatment, but had elected not to bring proceedings against the dentists themselves, who had a potential limitation defence, at least by the time of the hearing in the Court of Appeal. In their Defence the practices denied that they were vicariously liable for any negligence on the part of the dentists, and asserted that they had a right to an indemnity from them. They did not bring them into proceedings, however, but applied under CPR Part 19 for them to be joined to the claim. The Claimant resisted the application, which succeeded before a District Judge and on appeal to a Circuit Judge. The Court of Appeal allowed the