The Civil Procedure Rules 1998

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

(2) An application for permission under paragraph (1) may be made by—

(a)an existing party; or

(b)a person who wishes to become a party.

(3) An application for an order under rule 19.2(4) (substitution of a new party where existing party’s interest or liability has passed)—

(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)he has given his consent in writing; and

(b)that consent has been filed with the court.

(5) 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.

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

(a)filing and serving the claim form on any new defendant;

(b)serving relevant documents on the new party; and

(c)the management of the proceedings.]

Textual Amendments