F1PART 19PARTIES AND GROUP LITIGATION
I ADDITION AND SUBSTITUTION OF PARTIES
Procedure for adding and substituting parties19.4
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.
Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2