The Civil Procedure (Amendment) Rules 2001

Amendments to the Civil Procedure Rules 1998

9.  After rule 19.5, insert—

Special rules about parties in claims for wrongful interference with goods

19.5A(1) A claimant in a claim for wrongful interference with goods must, in the particulars of claim, state the name and address of every person who, to his knowledge, has or claims an interest in the goods and who is not a party to the claim.

(2) A defendant to a claim for wrongful interference with goods may apply for a direction that another person be made a party to the claim to establish whether the other person—

(a)has a better right to the goods than the claimant; or

(b)has a claim which might render the defendant doubly liable under section 7 of the Torts (Interference with Goods) Act 1977(1).

(3) Where the person referred to in paragraph (2) fails to attend the hearing of the application, or comply with any directions, the court may order that he is deprived of any claim against the defendant in respect of the goods.

  • (Rule 3.1(3) provides that the court may make an order subject to conditions)

(4) The application notice must be served on all parties and on the person referred to in paragraph (2)..