- Court of Appeal—no exceptions to the Aldi guidelines (Otkritie Capital v Threadneedle)
- Original news
- What are the practical implications of this case?
- The arguments for and against striking out for failure to adhere to Aldi
- The Aldi guidelines are a facet of the principle of a broad merits-based judgment as to whether to strike out for abuse of process
- Why was striking out not a just outcome in the present case?
- Case details
Dispute Resolution analysis: The Court of Appeal has confirmed that a failure to seek case management directions about a potential joinder of an employer when it applied to join its employee in an action was a failure to follow the Aldi guidelines in terms of the subsequent action sought to be brought against the employer. There was no excuse for such failure and there are no exceptions to the Aldi guidelines. But failure by itself did not mandate striking out of the second action. Rather, the Aldi guidelines are a facet of the principle of a broad merits-based judgment as to whether strike out is the just outcome (per Johnson v Gore Wood). In the present case, the decision not to strike out the second action would not be reversed.
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