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Article 24 Addition and substitution of parties

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The adjudicator may give one or more of the following directions—

(a)

that any person be added as a new party to the proceedings, if it appears to the adjudicator desirable for that person to be made a party;

(b)

that any person cease to be a party to the proceedings, if it appears to the adjudicator that it is not desirable for that person to remain a party; and

(c)

that a new party be substituted for an existing party, if—

(i)

the existing party’s interest or liability has passed to the new party; and

(ii)

it appears to the adjudicator desirable to do this to enable him to resolve the whole or part of the matter or any question of dispute in the proceedings.

(2)

If the adjudicator directs that a new party is to be added to the proceedings, the adjudicator must specify—

(a)

whether the new party is added as an applicant or a respondent; and

(b)

how the new party is to be referred to.

(3)

Each new party must be given a single identification that should be in accordance with the order in which they joined the proceedings, for example “second applicant” or “second respondent”.

(4)

If the adjudicator directs that a new party is to be substituted for an existing party, the adjudicator must specify which party the new party is to substitute, for example “respondent” or “second applicant”.

(5)

The adjudicator must serve on each new party a copy of each of the following—

(a)

the applicant’s statement of case and copy documents served on the adjudicator under rule 12 or the applicant’s rectification application served on the adjudicator under rule 16(1); and

(b)

the respondent’s statement of case and copy documents served on the adjudicator under rule 13 or the documents and information served by the respondent on the adjudicator under rule 18(a).

(6)

If the new party is added to or substituted for parties to proceedings on a reference, the new party must serve on the adjudicator and each of the other parties within 28 days of service on him of the documents specified in paragraph (5)—

(a)

his statement of case which must be in accordance with rule 14; and

(b)

copies of documents contained in his list of documents, which must be in accordance with rule 47.

(7)

If the new party is added to or substituted for parties to proceedings on a rectification application, the new party must serve on the adjudicator and each of the other parties, within 28 days of service on him of the documents specified in paragraph (5)—

(a)

if the new party is added or substituted as an applicant, his rectification application which must be in accordance with rule 16(1); or

(b)

if the new party is added or substituted as a respondent, his objection to the rectification application which must be in accordance with rule 18(a).

(8)

If a continuing party wishes to respond to the documents specified in paragraph (6) or (7), he may apply to the adjudicator for leave to do so.

(9)

If the adjudicator grants the requested leave to respond, the adjudicator must require the party requesting leave to respond to serve a copy of his response on the adjudicator and all other parties.

(10)

Following the addition or substitution of parties and if it is necessary to do so, the adjudicator may give consequential directions, including for—

(a)

the preparation and updating of a list of parties;

(b)

the delivery and service of documents; and

(c)

the waiver of the requirement to supply copies of documents listed in the new party’s list of documents where copies have already been served on the adjudicator in the course of the proceedings.