Who Should be a Party?

Dearman v Simpletest (CA TLR 14 February)

Section 17, entitled Miscellaneous Parties and Proceedings, of Volume 2 of The Supreme Court Practice 1999 states in paragraph 17B-83: ‘Recovery of land … All the claimants in whom the title to possession is alleged to be should join as plaintiffs … Except in the case of actions against lessees … the proper plaintiff is the person in whom the legal estate is vested, not the person entitled in equity…’. This is clearly good practice and guidance but is not black-letter law. It is certainly not a compulsory requirement in every case; the notes are intended to give assistance and guidance on the questions how to join particular persons as party to proceedings. It is a procedural rather than substantive matter and it is not a compulsory requirement in every action for recovery of land that the person in whom the legal estate is vested, rather than the person entitled in equity, be joined as claimant to the action.