The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
A party may need to be added or substituted for a variety of reasons, including:
a party is likely to be added if it is discovered that liability may be shared with another party
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)).
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:
be added as a new party if:
it is desirable to add
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234