PrincipleCIVIL PROCEDURE – Joinder of Parties – Effect of Suing Wrong Defendant – Action Improperly Constituted
- Area of law
- CIVIL PROCEDURE
- Court
- Supreme Court
When plaintiffs sue wrong defendants—persons against whom they have no claim—the action is improperly constituted and should be struck out. "No defendants against whom plaintiffs can proceed" means: named defendants aren't proper parties, plaintiffs have no claim against them, and no justiciable dispute exists. "Improperly…
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