Plaintiff’s claim against the First Defendant to be struck out and the First Defendant cease to be a party to the action (para. 36). The Court found:
Notwithstanding that it is pleaded in the alternative, the contractual time bar relied upon at the hearing affords the First Defendant a complete defence to the Plaintiff’s claim and brings it within the strikeout purview of O. 19 r. 1 (b) and (d) (paras. 14 to 20 and the cases cited there generally).
Following Liff v. Peasley [1980] 1 W.L.R. 781, the First Defendant had therefore been improperly joined and was entitled an order under O. 15 r. 6 (2) (a) that it ceased to be a party to the action (para. 22).
Contrary to the requirements of O. 20 rr. 1 and 5, no application was made to add the First Defendant as a party to the action and no leave was granted for this to be done (para. 24). The First Defendant would therefore be granted the orders sought on its summons (para 36).
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