OpenLegislation

Paragraph 19.4 Procedure for adding and substituting parties

Original text. Later amendments are not shown.

(1)

The court’s permission is required to remove, add or substitute a party, unless the claim form has not been served.

(2)

An application for permission under paragraph (1) may be made by—

(a)

an existing party; or

(b)

a person who wishes to become a party.

(3)

An application for an order under rule 19.2(4) (substitution of a 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 removal, addition or substitution of a party must be served on—

(a)

all parties to the proceedings; and

(b)

any other person affected by the order.

(6)

When 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 on any new defendant;

(b)

serving relevant documents on the new party; and

(c)

the management of the proceedings.