Rule 19.4 Procedure for adding and substituting partiesF1
The court’s permission is required to remove, add or substitute a party, unless the claim form has not been served.
An application for permission under paragraph (1)—
may be made by—
an existing party; or
a person who wishes to become a party; and
must be—
supported by evidence; and
made under Part 23.
An application for an order under rule 19.2(4) F3...—
may be made without notice; and
must be supported by evidence.
If an order is made adding or substituting a person as a claimant prior to the filing of their consent—
the order; and
the addition or substitution of the new party as claimant,
shall not take effect until the signed, written consent of the new claimant is filed.
The Commissioners for HM Revenue and Customs may, where a dispute between other parties may have tax consequences, be added as party to proceedings if they consent in writing.
An order for the removal, addition or substitution of a party must be served on—
all parties to the proceedings; and
any other person affected by the order.
When the court makes an order for the removal, addition or substitution of a party, it may give consequential directions.
A new defendant does not become a party to the proceedings until the amended claim form has been served on them.
The court may remove, add or substitute parties in existing proceedings on its own initiative.
Annotations
Textual amendments
- F1
Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2
- F2
Rule 19.4(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(4)(a)
- F3
Words in rule 19.4(3) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(4)(b)
- F4
Words in rule 19.4(4)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(4)(c)(i)
- F5
Words in rule 19.4(4)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(4)(c)(ii)
- F6
Rule 19.4(5)-(11) substituted for rule 19.4(4A)-(6) (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(5)
- F7
Word in rule 19.4(10) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 10(a)
- F8
Words in rule 19.4(10) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 10(b)
Notes on Part 19
Textual amendments
- F2
Pt. 19 Table of Contents substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(1)