Court clarifies test for adding a party under CPR 19.2(2)(b) (PeCe Beheer v Alevere)

Table of contents

• Practical implications
• Facts
• What is the test to be applied when an application is made to add a new party under CPR 19.2(2)(b)?
• Court details

Article summary

Dispute Resolution analysis: The Intellectual Property Enterprise Court has considered the test the court should apply when a party makes an application to add an additional party as a defendant to a counterclaim under CPR 19.2(2)(b). The court stated that the test to be applied is that which would be applied in an application to strike out a claim under CPR 3.4(2)(a) or (b) against a defendant, had the claim already been pleaded, and rejected a suggestion that there was a higher hurdle than this.