england-and-wales civil-procedure rules-of-court
What provision of the CPR requires any parties who might possibly be claimants to an action to be made defendants if they are not?
<p>A blog site mentions a provision requiring all parties who might be a party to a claim to be listed as defendants if they are not participating as claimants, but I cannot find it again now that I want to. What provision of the civil procedure rules is this, what is the logic of it, and how does it actually work in practice?</p>

<p><a href="https://www.legislation.gov.uk/uksi/1998/3132/rule/19.3?timeline=false" rel="nofollow noreferrer">Civil Procedure Rule 19.3</a> provides <em>Provisions applicable where two or more persons are jointly entitled to a remedy</em>:</p>
<blockquote>
<p>(1) Where a claimant claims a remedy to which some other person is jointly entitled with him, all persons jointly entitled to the remedy must be parties unless the court orders otherwise.</p>
<p>(2) If any person does not agree to be a claimant, he must be made a defendant, unless the court orders otherwise.</p>
<p>(3) This rule does not apply in probate proceedings.</p>
</blockquote>
<p>My reading is that it is a technical device to deal with circumstances where a number of people are <strike>severally</strike> jointly entitled to a remedy or redress but not all wish to make a claim for some reason or another.</p>
<p>Imagine the simplistic scenario (but hopefully not <em>too</em> simplistic that it loses its meaning) where Dave the defendant destroys an asset jointly <strike>and severally</strike> owned by Alice, Bob and Carol thus causing a loss to all three.</p>
<p>Carol does not wish to be a party to the claim so she becomes a co-defendant next to Dave, but she remains a joint <strike>and several</strike> owner - for now anyway.</p>
<p>If Alice's and Bob's claim is successful  one potential outcome is that an order is made to award Carol's <strike>&quot;share&quot;</strike> ownership of the asset jointly <strike>and severally</strike> over to Alice and Bob  - in effect removing Carol from the equation. Dave is then ordered to pay Alice and Bob damages.</p>
<p>One example of joint ownership is <a href="https://hmlandregistry.blog.gov.uk/2022/11/02/what-kind-of-joint-ownership-do-i-have/" rel="nofollow noreferrer">joint tenants</a> who...</p>
<blockquote>
<p>...have equal rights to the whole property – neither one [of you] has a specific “share” in the property</p>
</blockquote>
