xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

[F1PART 19E+WPARTIES AND GROUP LITIGATION

Textual Amendments

I ADDITION AND SUBSTITUTION OF PARTIESE+W

Change of parties—generalE+W

19.2—(1) This rule applies where a party is to be added or substituted except where the case falls within rule [F219.6] (special provisions about changing parties after the end of a relevant limitation period(gl)).

(2) The court may order a person to be added as a new party if—

(a)it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or

(b)there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue.

(3) The court may order any person to cease to be a party if it is not desirable for that person to be party to the proceedings.

(4) The court may order a new party to be substituted for an existing one if—

(a)the existing party’s interest or liability has passed to the new party; F3...

(b)it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.

Textual Amendments

F3Word in rule 19.4(a) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(2)

Provisions applicable where two or more persons are jointly entitled to a remedyE+W

19.3—(1) [F4All persons] jointly entitled to the remedy [F5claimed by a claimant] must be parties unless the court orders otherwise.

(2) If any [F6such] person does not agree to be a claimant, he must be made a defendant, unless the court orders otherwise.

(3) This rule does not apply in probate proceedings.

Textual Amendments

Procedure for adding and substituting partiesE+W

19.4—(1) The court’s permission is required to remove, add or substitute a party, unless the claim form has not been served.

[F7(2) An application for permission under paragraph (1)—

(a)may be made by—

(i)an existing party; or

(ii)a person who wishes to become a party; and

(b)must be—

(i)supported by evidence; and

(ii)made under Part 23.]

(3) An application for an order under rule 19.2(4) F8...—

(a)may be made without notice; and

(b)must be supported by evidence.

(4) Nobody may be added or substituted as a claimant unless—

(a)[F9they have given their] consent in writing; and

(b)that [F10consent, and the proposed amended claim form and particulars of claim, have] been filed with the court.

[F11(5) If an order is made adding or substituting a person as a claimant prior to the filing of their consent—

(a)the order; and

(b)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.

(6) 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.

(7) An order for the removal, addition or substitution of a party must be served on—

(a)all parties to the proceedings; and

(b)any other person affected by the order.

(8) When the court makes an order for the removal, addition or substitution of a party, it may give consequential directions.

(9) A new defendant does not become a party to the proceedings until the amended claim form has been served on them.

(10) A party applying to add a new party by amendment [F12shall] be responsible for the costs of and arising from the amendment [F13unless the court decides otherwise].

(11) The court may remove, add or substitute parties in existing proceedings on its own initiative.]

Textual Amendments

F8Words 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)

F9Words 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)

F11Rule 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)

F12Word 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)

F13Words 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)

Human RightsE+W

F1419.4A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F14Rule 19.4A substituted and renumbered as rule 19.5 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(6)

[F15Human RightsE+W

19.5 —(1) The court may not make a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 unless 21 days’ notice, or such other period of notice as the court directs, has been given to the Crown by the claimant.

(2) Where a claim is made under section 9 of the Human Rights Act 1998 for damages in respect of a judicial act—

(a)that claim, including details of the judicial act, must be set out in the statement of case or the appeal notice; and

(b)notice must be given to the Crown.

(3) The court may at any time consider whether notice under paragraph (1) or (2) should be given to the Crown and give directions as to the content and service of such notice.

(4) A notice served on the Crown must be served on—

(a)the person named in the list published under section 17 of the Crown Proceedings Act 1947 (which is annexed to Practice Direction 66);

(b)Senedd Cymru, in the circumstances described in the National Assembly for Wales (Transfer of Functions) (No. 2) Order 2000;

(c)the Treasury Solicitor on behalf of the Lord Chancellor, in respect of a claim under section 9 of the Human Rights Act 1998, except where the judicial act is of a Court-Martial when service must be on the Treasury Solicitor on behalf of the Secretary of State for Defence;

(d)all parties.

(5) Where notice has been given to the Crown, a Minister or other person permitted by the Human Rights Act 1998 shall be joined as a party on notifying their consent to the court and all other parties.

(6) Where the Minister has, under section 5(2)(a) of the Human Rights Act 1998, nominated a person to be joined, the notice consenting to be joined must be accompanied by the written nomination.

(7) Where paragraph (2) applies and the appropriate person has not applied to be joined as a party within 21 days, or such other period as the court directs, after the notice is served, the court may join the appropriate person as a party.]

Textual Amendments

F15Rule 19.4A substituted and renumbered as rule 19.5 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(6)

Special rules about parties in claims for wrongful interference with goodsE+W

F1619.5A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Rule 19.5A renumbered as rule 19.7 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(8)

Special provisions about adding or substituting parties after the end of a relevant limitation periodE+W

[F1719.6] —(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; [F18or]

[F19(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 [F20them 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.

F21...

Textual Amendments

F17Rule 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)

F18Word 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)

F19Rule 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)

F20Words 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)

F21Words 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)

[F22Special rules about parties in claims for wrongful interference with goodsE+W

[F2319.7] —(1) A claimant in a claim for wrongful interference with goods must, in the particulars of claim, state the name and address of every person who, to [F24the claimant’s] knowledge, has or claims an interest in the goods and who is not a party to the claim.

(2) A defendant to a claim for wrongful interference with goods may apply for a direction that another person be made a party to the claim to establish whether the other person—

(a)has a better right to the goods than the claimant; or

(b)has a claim which might render the defendant doubly liable under section 7 of the Torts (Interference with Goods) Act 1977.

(3) Where the person referred to in paragraph (2) fails to attend the hearing of the application, or comply with any directions, the court may order that [F25that person] is deprived of any claim against the defendant in respect of the goods.

(4) The application notice must be served on all parties and on the person referred to in paragraph (2).]]

Textual Amendments

F23Rule 19.5A renumbered as rule 19.7 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(8)