Rule 19.6 Special provisions about adding or substituting parties after the end of a relevant limitation periodF1F2
The court may add or substitute a party only if—
the relevant limitation period(gl) was current when the proceedings were started; and
the addition or substitution is necessary.
The addition or substitution of a party is necessary only if the court is satisfied that—
the new party is to be substituted for a party who was named in the claim form in mistake for the new party;
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
the original party has died or had a bankruptcy order made against F5them and their interest or liability has passed to the new party.
In addition, in a claim for personal injuries the court may add or substitute a party where it directs that—
section 11 (special time limit for claims for personal injuries); or
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
the issue of whether those sections apply shall be determined at trial.
F6...
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 19.5 renumbered as rule 19.6 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(7)
- F3
Word in rule 19.5(1)(b) inserted (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 8(a)
- F4
Rule 19.5(1)(c) substituted for rule 19.5(1)(c)(d) (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 8(b)
- F5
Words in rule 19.6(3)(c) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(7)(a)
- F6
Words in rule 19.6 omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(7)(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)