Orders

The Report on the Review of Civil Procedures

Part 19

Addition and Substitution of Parties

Contents of this Part

Scope of this Part	Rule 19.1
Change of parties - general	Rule 19.2
Claim not to fail by adding or failing to add parties	Rule 19.3
Provisions applicable where two or more persons are jointly entitled to a remedy	Rule 19.4
Procedure for adding and substituting parties	Rule 19.5
Special provisions about changing parties after the end of a relevant limitation period	Rule 19.6

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Scope of this Part

19.1 This Part deals with the addition or substitution of parties after proceedings have been commenced.

Change of parties - general

19.2 (1) This rule applies where a party is to be added or substituted except where the case falls within rule 19.6. (special provisions about changing parties after the end of a relevant limitation period.).

(2) A party may add a new party to proceedings without permission at any time before a case management conference.

(3) The court may add a new party to proceedings if -

(a) it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or

(b) there is an issue involving the new party which is connected to the matters in dispute in the proceedings and it is desirable to add the new party so that the court can resolve that issue.

(4) The court may order any person to cease to be a party if it considers that it is not desirable for that person to be a party to the proceedings.

(5) The court may order a new party to be substituted for an existing one if -

(a) the existing party's interest or liability has passed to the new party; and

(b) the court can resolve the matters in dispute more effectively by substituting the new party for the existing party

(6) The court may add or substitute a party at a case management conference.

(7) The court may not add a party after a case management conference on the application of an existing party unless that party can satisfy the court that the addition is necessary because of some change in circumstances which became known after the case management conference.

Claim not to fail by adding or failing to add parties

19.3 A claim shall not fail because -

(a) a person was added as a party to the proceedings who should not have been added; or

(b) a person who should have been made a party was not made a party to them.

Provisions applicable where two or more persons are jointly entitled to a remedy

19.4 (1) Where a claimant claims a remedy to which some other person is jointly entitled with him all persons jointly entitled to the remedy must be parties to the proceedings, unless the court orders otherwise.

(2) If any person does not agree to be a claimant, he must be made a defendant, unless the court orders otherwise.

(3) This rule does not apply in probate proceedings.

Procedure for adding and substituting parties

19.5 (1) The court may add, substitute or remove a party on or without an application.

(2) An application for permission to add, substitute or remove a party may be made by -

(a) an existing party
(b) a person who wishes to become a party

(3) An application for an order under rule 19.2(5) (substitution of new party where existing party's interest or liability has passed) -

(a) may be made without notice; and

(b) must be supported by evidence.

(4) Nobody may be added or substituted as a claimant unless -

(a) he has given his consent in writing; and

(b) that consent has been filed with the court

(5) An order for the addition, substitution or removal of a party must be served on -

(a) all parties to the proceedings; and

(b) any party added or substituted; and

(c) any other person affected by the order.

(6) Where the court makes an order for the removal addition or substitution of a party, it may give consequential directions about -

(a) filing and serving the claim form and any statements of case on any new defendant; and

(b) serving relevant documents on the new party; and

(c) the management of the proceedings.

(7) Where -

(a) the court makes an order for the addition or substitution of a new party; and

(b) Where the new party is a defendant, the claim form is served on him these Rules apply to the new party as they apply to any other party.

Special provisions about adding or substituting parties after the end of a relevant limitation period

19.6 (1) This rule applies to a change of parties after the end of a limitation period under [relevant statute?].

(2) The court may add or substitute a party only if -

(a) the relevant limitation period was current when the proceedings were started; and

(b) the addition or substitution is necessary.

(3) The addition or substitution of a party is necessary only if the court is satisfied that -

(a) the new party is to be substituted for a party who was named in the claim form in mistake for the new party; or

(b) the interest or liability of the former party has been transferred to the new party; or

(c) the claim cannot properly be carried on by or against an existing party unless the new party is added or substituted as claimant or defendant.

It appears that legislation might be required to support the last rule but ?

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