Adding (joinder) and substituting parties
Adding (joinder) and substituting parties

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Adding (joinder) and substituting parties
  • Reasons for additions and substitutions under Part 19 of the CPR
  • When will the court add, remove or substitute a party before the end of a relevant limitation period?
  • Substituting parties in public law claims
  • Procedure for adding or substituting parties under CPR 19.4
  • Additional points of interest

Reasons for additions and substitutions under Part 19 of the CPR

A party may need to be added or substituted for a variety of reasons, including:

  1. a party is likely to be added if it is discovered that liability may be shared with another party

  2. a party is likely to be substituted where its liability has passed to another party and it is desirable to substitute the new party so that the court can resolve the dispute (CPR 19.2(4))

The court's permission is required to remove, add or substitute a party once the claim form has been served (CPR 19.4(1)).

An application for permission can be made by an existing party or a person who wishes to become a party (CPR 19.4(2)).

When will the court add, remove or substitute a party before the end of a relevant limitation period?

After the claim form has been served, a party can only be removed, added or substituted by order of the court (CPR 19.4(1)), ie with the court's permission. Note that CPR 19.5 contains special provisions about adding or substituting parties after the end of a relevant limitation period, see Practice Note: Limitation—amending a party name and substituting or adding (joinder) of parties.

A court can order that a party:

  1. be added as a new party if:

    1. it is desirable to add