Q&As

There are a number of investors in relation to a property development project. Some of the investors have commenced a claim against the developer and have decided to apply for a summary judgment. They are suggesting that any other investors wishing to join should do so after the summary judgment is granted, as applying to join now would slow down the summary judgment process. Is such a post summary judgment joinder application possible? How would the new claimant benefit from joining a claim, where a summary judgment has already been granted without their involvement?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 28/05/2020

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • There are a number of investors in relation to a property development project. Some of the investors have commenced a claim against the developer and have decided to apply for a summary judgment. They are suggesting that any other investors wishing to join should do so after the summary judgment is granted, as applying to join now would slow down the summary judgment process. Is such a post summary judgment joinder application possible? How would the new claimant benefit from joining a claim, where a summary judgment has already been granted without their involvement?

Where there are multiple potential claimants it is commonly the case that their individual causes of action which arise out of the same set of facts will be joined together in order to prevent courts coming to different decisions on the facts and to save court time. This may be done by all of the claimants issuing the claim, or for numerous of them to issue their individual claims and for them then to be joined. The advantage of the former will often be that the costs of issuing the claim in terms of court fees is significantly reduced, as well as to ensure that all claimants are involved from the outset, meaning that costs can be shared.

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