Q&As

Can a person intervene in ongoing civil proceedings to which they are not currently a party or be added as an ‘interested party’ (outside the judicial review context) and what is the difference between these two concepts (intervenor/interested party)? How would such an application be made and how would the court manage the proceedings going forward (would the intervenor/interested party have rights to give evidence etc)? Also would there be any cost implications for the intervenor/interested party? What impact would this have on any judgment given by the court and would the judgment bind the intervenor/interested party?

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Published on LexisPSL on 22/01/2021

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can a person intervene in ongoing civil proceedings to which they are not currently a party or be added as an ‘interested party’ (outside the judicial review context) and what is the difference between these two concepts (intervenor/interested party)? How would such an application be made and how would the court manage the proceedings going forward (would the intervenor/interested party have rights to give evidence etc)? Also would there be any cost implications for the intervenor/interested party? What impact would this have on any judgment given by the court and would the judgment bind the intervenor/interested party?

The concepts of interested parties or interventions are most commonly found in judicial review proceedings (though intervenors are also common in financial remedy proceedings where a third party’s rights may be affected). In the context of judicial review, ‘interested party’ means any person other than the claimant and defendant who is directly affected by the claim (CPR 54.1(2)(f)), and by CPR 54.7 the claimant must serve the claim form on any person considered to be an interested party. Interested parties can file an acknowledgement of service (CPR 54.8) and grounds to contest the claim (CPR 54.14) and can be heard with the permission of the court (CPR 54.17). Such a person is not formally a party to the proceedings but can be sanctioned in costs.

Outside of judicial review, a third party can be added to proceedings as a party pursuant to CPR 19.2(2) where it is desirable to add the new party so the court can resolve all the matters in dispute in the proceedings, or there is

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