F1PART 19PARTIES AND GROUP LITIGATION

Annotations:
Amendments (Textual)

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.

F22

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) F3...—

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

F4they have given their consent in writing; and

b

that F5consent, and the proposed amended claim form and particulars of claim, have been filed with the court.

F65

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 F7shall be responsible for the costs of and arising from the amendment F8unless the court decides otherwise.

11

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