Q&As

A claim form has been issued, but not served, and the limitation period has expired. Another claimant needs to be added to the claim form, is an application to the court required?

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Produced in partnership with David Willink of Lamb Chambers
Published on LexisPSL on 10/01/2019

The following Dispute Resolution Q&A Produced in partnership with David Willink of Lamb Chambers provides comprehensive and up to date legal information covering:

  • A claim form has been issued, but not served, and the limitation period has expired. Another claimant needs to be added to the claim form, is an application to the court required?

The amendment of a statement of case before it has been served is governed by CPR 17.1. However, any amendment made without the court’s permission can be set aside, under CPR 17.2; and it will be set aside in circumstances where, if the court’s permission had been sought, it would not have been granted.

The court has power, after the expiry of the limitation period, under CPR 17.4 to:

  1. add or substitute a new claim, but only if the new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings, or

  2. correct a mistake as to the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question

However, this power does not extend to amendments where (a) the amendment is the addition or substitution of a party, and (b) the releva

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