- Latest available (Revised)
- Point in Time (30/04/2024)
- Original (As made)
Point in time view as at 30/04/2024.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 19.6 .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
[F219.6] —(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]
[F4(c)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 [F5them and their] 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.
F6...]
Textual Amendments
F1Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2
F2Rule 19.5 renumbered as rule 19.6 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(7)
F3Word in rule 19.5(1)(b) inserted (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 8(a)
F4Rule 19.5(1)(c) substituted for rule 19.5(1)(c)(d) (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 8(b)
F5Words in rule 19.6(3)(c) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(7)(a)
F6Words in rule 19.6 omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(7)(b)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.