F1PART 19PARTIES AND GROUP LITIGATION

Annotations:
Amendments (Textual)

I ADDITION AND SUBSTITUTION OF PARTIES

Special provisions about adding or substituting parties after the end of a relevant limitation period19.5

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; F3or

F2c

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 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))