This was an appeal from a decision of Justice Giles dated 12 February 2018 in which his Honour held that the Court had no jurisdiction under RDC 20.7(2) to order the joinder
of the Second Defendant, Mr Al Fadl, by the Claimants, where the claim against that defendant did not otherwise fall within the parameters of Article 5(A)(1)(a)-(d) of the JAL and that Article 5(A)(1)(e) of that law "was not brought into play by reason of the terms of that Rule of Court, whether or not it was to be seen as a " DIFC Regulation" for the purposes of that subsection of the Article.
But under Liberian law, the press release says joinder
is not permissible at the Supreme Court.
The court's majority said a plaintiff can't use joinder
to establish venue in a place where it otherwise wouldn't exist.
"The doctrine of 'fraudulent joinder
', in which a district court can disregard, for jurisdictional purposes, the citizenship of non-diverse defendants at the time of removal, does not apply after a case has been removed.
Moreover, even if they were improperly joined, reversal is not required because improper joinder
is subject to harmless error review.
Lawyers for the children are seeking a class action lawsuit on behalf of all detained children in similar situations, noting that "the size of the class is so numerous that joinder
of all members is impracticable".
Besides co-editing a leading casebook on civil procedure, John early in his career produced a 100-page, two-part article on compulsory joinder
. Reading this finely wrought piece makes one wonder how much important scholarship was lost when John turned his energies toward directorship of continuing legal education at Michigan, deaning at two law schools, Colorado and Wayne, and assorted bar-related projects.
There is a provision made for joinder
of parties to arbitral proceedings.
It emphasizes the themes of litigant autonomy, system efficiency, and fairness to the parties and covers the rules and concepts surrounding joinder
of claims and parties, rules governing battles between litigants as to the court that will be permitted to adjudicate their dispute, class action practice, and attorneyAEs fees, with cases placing rules and doctrines into specific context, as well as notes, principles, practice aspects, problems, exercises, and questions.
The issue of his joinder
can be resolved with his addition as a defendant by counterclaim and the service of a relevant notice to him in accordance with Order 21 Rule 8, provided reference is made to him in the statement of defence and counterclaim.
It also entered into an incremental facility joinder
agreement to its credit agreement in order to increase the available commitments under the revolving credit facility to USD550m.