The Civil Procedure Rules 1998

Special provisions about adding or substituting parties after the end of a relevant limitation period

19.4—(1) This rule applies to a change of parties after the end of a period of limitation under—

(a) the Limitation Act 1980(1);

(b) the Foreign Limitation Periods Act 1984(2);

(c) section 190 of the Merchant Shipping Act 1995(3); or

(d) any other statutory provision.

(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 him and his 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.

(Rule 17.4 deals with other changes after the end of a relevant limitation period^(GL))

(1)

1980 c. 58.

(2)

1984 c. 16.

(3)

1995 c. 21.