Part 19 – Addition and Substitution of Parties

Scope of this Part

19.1

1. This Part deals with the addition or substitution of parties after pro­ceedings have been commenced.

Change of parties – general

19.2

1. A claimant may add a new defendant to proceedings without permis­sion at any time before the case management conference.
2. The claimant does so by filing at the court office an amended claim form and statement of claim, and Parts 5 (service of claim within jurisdiction), 7 (service of court process out of jurisdiction), 9 (acknow­ledgment of service and notice of intention to defend), 10 (defence) and 12 (default judgments) apply to the amended claim form as they do to a claim form.
   • Part 18 deals with counterclaims and the adding of additional parties by a defendant.
3. The court may add a new party to proceedings without an application if –
   1. it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or
   2. there is an issue involving the new party which is connected to the matters in dispute in the proceedings and it is desirable to add the new party so that the court can resolve that issue.
4. The court may order any person to cease to be a party if it considers that it is not desirable for that person to be a party to the proceedings.
5. The court may order a new party to be substituted for an existing one if the –
   1. court can resolve the matters in dispute more effectively by substi­tuting the new party for the existing party; or
   2. existing party’s interest or liability has passed to the new party.
6. The court may add, remove or substitute a party at the case manage­ment conference.
7. The court may not add a party (except by substitution) after the case management conference on the application of an existing party unless that party can satisfy the court that the addition is necessary because of some change in circumstances which became known after the case management conference.

Procedure for adding and substituting parties

19.3

1. The court may add, substitute or remove a party on or without an application.
2. An application for permission to add, substitute or remove a party may be made by –
   1. an existing party; or
   2. a person who wishes to become a party.
3. An application for an order under rule 19.2(5) (substitution of new party where existing party’s interest or liability has passed) may be made without notice but must be supported by evidence on affidavit.
4. A person may not be added or substituted as a claimant unless that person’s written consent is filed with the court office.
5. An order for the addition, substitution or removal of a party must be served on –
   1. all parties to the proceedings;
   2. any party added or substituted; and
   3. any other person affected by the order.
6. If the court makes an order for the removal, addition or substitution of a party, it must consider whether to give consequential directions about –
   1. filing and serving the claim form and any statements of case on any new defendant;
   2. serving relevant documents on the new party; and
   3. the management of the proceedings; and subject to such directions, rule 19.2(2) applies.
7. If the –
   1. court makes an order for the addition or substitution of a new defendant; and
   2. claim form is served on the new defendant; these Rules apply to the new defendant as they apply to any other defendant.

Special provisions about adding or substituting parties after end of relevant limitation period

19.4

1. This rule applies to a change of parties after the end of a relevant limitation period.
2. The court may add or substitute a party only if the –
   1. addition or substitution is necessary; and
   2. relevant limitation period was current when the proceedings were started.
3. The addition or substitution of a party is necessary only if the court is satisfied that the –
   1. claim cannot properly be carried on by or against an existing party unless the new party is added or substituted as claimant or defendant;
   2. interest or liability of the former party has passed to the new party; or
   3. new party is to be substituted for a party who was named in the claim form in mistake for the new party.