Bleak House II: The Interveners

Alexander Chandler

Barrister 1 King's Bench Walk Temple London

An increasing number of claims for financial remedy are de-railed by the intervention of a third party. Typically the court gives "TL v ML" directions involving pleadings and separate witness statements before the preliminary issue is tried as if it were before a Chancery Division judge. The delays and costs can be horrendous reminiscent of the fictional case of Jarndyce v Jarndyce:

"If Charles Dickens were alive today the twists and turns of this litigation conducted at vast expense would provide him with ample copy for a twenty-first century sequel to Bleak House" (Wood v Rost [2007] EWHC 1511 per Peter Hughes QC at [1]). The article considers the following questions:

a) When will an intervener be joined?
b) What happens where a third party declines the invitation to intervene?
c) Procedure and case management
d) Applicable law
e) Costs and
f) The consequences of intervening.

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