F1PART 19PARTIES AND GROUP LITIGATION
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))
Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2