Parties And Joinder In Civil Proceedings
In the past all the correct parties had to be included in the proceedings from the start. In the course of the trial there was no way to change the identities and the numbers of the participants. Therefore, mistakes of these kinds could turn to be fatal to the proceedings.
Nowadays, the rules have changed presenting a more flexible approach. Parties may be added after the commencement of the case as well as cease to be part of the dispute. However, it remains important that all necessary parties and no others are named in the proceedings when those are commenced. Further, it is of importance that each party be correctly named.
The failure to comply with those requirements would not be fatal to the outcome but could delay the ultimate resolution of the litigation. In turn, the delay may prejudice the resolution of the proceedings either through evidence becoming stale or lost or due to passing of limitation period.
In addition, failures of the kind are often penalised in costs. Therefore, it still remains of importance for the correct parties to be identified from the outset.