Third or subsequent party
22.24 Third or subsequent party
A party who has joined a third or subsequent party to a civil proceeding may apply to the Court for summary judgment against the third or subsequent party on the ground that the defence or part of the defence of that party has no real prospect of success.
A party joined as a third or subsequent party to a civil proceeding may apply to the Court for summary judgment on the ground that the claim made against the party or part of that claim has no real prospect of success.
Part 2 of this Order applies, with any necessary modifications, to an application under paragraph (1).
Part 3 of this Order applies, with any necessary modifications, to an application under paragraph (2).
The Court may order that a claim made by or against a third or subsequent party proceed to trial if the Court is satisfied that, despite there being no real prospect of success, the claim should not be disposed of summarily because—
it is not in the interests of justice to do so; or
the dispute is of such a nature that only a full hearing on the merits is appropriate.
Order 23—Summary stay or dismissal of claim and striking out statement of claim or defence
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