Paragraph 19.5 Special provisions about adding or substituting parties after the end of a relevant limitation period

(1)

This rule applies to a change of parties after the end of a period of limitation under—

(a)

the Limitation Act 1980^f1;

(b)

the Foreign Limitation Periods Act 1984^f2;

(c)

section 190 of the Merchant Shipping Act 1995^f3; or

(d)

any other statutory provision.

(2)

The court may add or substitute a party only if—

(a)

the relevant limitation period^(gl) 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;

(b)

the claim cannot properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant; or

(c)

the original party has died or had a bankruptcy order made against him and his interest or liability has passed to the new party.

(4)

In addition, in a claim for personal injuries the court may add or substitute a party where it directs that—

(a)

(i)

section 11 (special time limit for claims for personal injuries); or

(ii)

section 12 (special time limit for claims under fatal accidents legislation),

of the Limitation Act 1980 shall not apply to the claim by or against the new party; or

(b)

the issue of whether those sections apply shall be determined at trial.

(Rule 17.4 deals with other changes after the end of a relevant limitation period^(gl))

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