The phenomenon of interested parties intervening in litigation that does not directly concern them is now a frequent occurrence, says Alec Samuels
- Interveners can appear in almost any types of cases, pay their own way, and make a useful contribution.
A phenomenon that has crept into civil litigation almost imperceptibly in recent years, especially this century, and especially since the inception of the Supreme Court, has been intervention by an intervener. Traditionally, judges have not liked intervention, for fear of irrelevant or academic or hypothetical material being introduced, of lengthening the proceedings and increasing the costs, and of imposing an unfair disadvantage on one of the parties. This fear has passed. The permission of the court is required to intervene. In the Supreme Court permission is usually given on the papers by three Justices. Application for permission to intervene is made after permission to appeal has been given to a party.
Intervention may occur in almost any type of case. A charity will intervene in a child case and in
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