A party whose contractual rights incorporate by reference a tariff or price determined under a separate regulatory regime between other parties does not have rights 'directly affected' by proceedings challenging that regulatory determination, and cannot be joined as a defendant under O 18 r 6(2)(b). The existence of a common question between the principal proceedings and a potential separate dispute is insufficient for joinder. An implied term that a contracting party will not exercise rights under a separate agreement so as to deprive the other party of contractual benefits cannot be implied where it would contradict the express terms of the contract.
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