# The Civil Procedure Rules 1998, Rule 19.6: 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;
(b) the Foreign Limitation Periods Act 1984; or
(c) 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 them 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.
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Source: https://www.legislation.gov.uk/uksi/1998/3132/rule/19.6 (the official version)
Page: https://openlegislation.uk/civil-procedure-rules-1998/rule-19.6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.