Article 2 Misjoinder and nonjoinder of parties

Paragraph (2) shall be amended by inserting, at the beginning, the words “Subject to the provisions of this rule,” and by omitting the words “but no person shall be added as a plaintiff” to the end.

After paragraph (3) there shall be added the following paragraphs:—

“(4)

No person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorised.

(5)

No person shall be added or substituted as a party after the expiry of any relevant period of limitation unless either—

(a)

the relevant period was current at the date when proceedings were commenced and it is necessary for the determination of the action that the new party should be added, or substituted, or

(b)

the relevant period arises under the provisions of section 11 or 12 of the Limitation Act 1980^f1 and the Court directs that those provisions should not apply to the action by or against the new party.

In this paragraph “any relevant period of limitation” means a time limit under the Limitation Act 1980.

(6)

The addition or substitution of a new party shall be treated as necessary for the purposes of paragraph (5)(a) if the Court is satisfied that—

(a)

the new party is a necessary party to the action in that property is vested in him at law or in equity and the plaintiff's claim in respect of an equitable interest in that property is liable to be defeated unless the new party is joined, or

(b)

the relevant cause of action is vested in the new party and the plaintiff jointly but not severally, or

(c)

the new party is the Attorney General and the proceedings should have been brought by relator proceedings in his name, or

(d)

the new party is a company in which the plaintiff is a shareholder and on whose behalf the plaintiff is suing to enforce a right vested in the company, or

(e)

the new party is sued jointly with the defendant and is not also liable severally with him and failure to join the new party might render the claim unenforceable.”.