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Rule 19.6 Special provisions about adding or substituting parties after the end of a relevant limitation periodF1F2

(1)

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

(a)

the Limitation Act 1980;

(b)

the Foreign Limitation Periods Act 1984; F3or

(F4c)

any other enactment which allows such a change, or under which such a change is allowed.

(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 F5them and their 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.

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)