Tendring District Council v AB & Ors
[2024] EWCA Civ 1248
Tendring District Council v Christopher Alfred Ling & Anor
8 November 2023
[2023] EWCA Civ 1319
Court of Appeal
A council overpaid housing benefit. They want to recover the money from the couple. The wife wasn't officially part of the case at first, but the court decided she must be because the whole case is about whether she is responsible for the debt. Even though it might be too late to sue her directly, the court thinks it's unfair to let her avoid the consequences if she loses the case.
Key Facts
- •Tendring District Council overpaid £67,000 in housing benefit to Mr. Ling between 2000 and 2012.
- •A statutory demand for repayment was issued in July 2012.
- •Mr. Ling's ill health and lack of legal representation complicated the proceedings.
- •Mrs. Ling acted as Mr. Ling's litigation friend.
- •The case went through the First-Tier Tribunal (FTT) and Upper Tribunal (UT) twice.
- •The UT found Mr. Ling liable but dismissed Mrs. Ling's joint liability.
- •Tendring appealed the UT's decision regarding Mrs. Ling.
- •Tendring sought to add Mrs. Ling as a respondent to the appeal.
- •Mrs. Ling did not attend the hearing to consider the application to join her as a respondent.
- •The application to join Mrs. Ling hinged on whether it was necessary under CPR 19.6 given potential statutory limitations.
Legal Principles
Court may add a new party if it is desirable to resolve all matters in dispute or if there is a connected issue involving the new party.
CPR 19.2(2)
CPR 19.2(2) does not apply if the case falls within CPR 19.6 (changes of parties after limitation periods).
CPR 19.2(1)
Limitation period for claims for sums recoverable by statute is 6 years (from statutory demand).
Limitation Act 1980, s.9
Court may add a party after the limitation period only if the addition is necessary (e.g., substitution due to death or bankruptcy, or if the claim cannot properly proceed without the new party).
CPR 19.6
Overriding objective of the court is to deal with cases justly and at proportionate cost.
Implicit in judgment
Outcomes
Mrs. Ling was added as a respondent to the appeal.
While the claim against Mrs. Ling might be statute-barred, the appeal's central issue concerns her liability, and the appeal cannot properly proceed without her as a party. Her substantial involvement and successful arguments in earlier stages justify this, preventing an unjust outcome where she could avoid liability despite losing the appeal.