Q&As

How do I substitute a deceased defendant with his executor in civil proceedings after the limitation period has expired? Do I require the court’s permission?

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Published on LexisPSL on 13/05/2015

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • How do I substitute a deceased defendant with his executor in civil proceedings after the limitation period has expired? Do I require the court’s permission?
  • Addition and substitution of parties—Part 19 of the Civil Procedure Rules 1998 (CPR)
  • Procedure

Addition and substitution of parties—Part 19 of the Civil Procedure Rules 1998 (CPR)

Under CPR 19.4(1), the court's permission is required to remove, add or substitute a party, unless the claim form has not been served. In this case, where you say the claim was issued and served in time, permission is therefore required.

In cases where the limitation period has ended, CPR 19.5 applies and the provisions set out in CPR 19.2 do not apply. Assuming your case falls within CPR 19.5(1), the court may add or substitute a party after the expiry of any relevant limitation period if:

  1. the claim was brought within the limitation period, and

  2. it is necessary to add or substitute the party

One of the circumstances in which the court will consider a substitution to be necessary is where the court is ‘satisfied that … the original party has died or had a bankruptcy order made against him and his interest or liability has passed to the new party’.

CPR 19.5 states:

  1. '(1) This rule applies to a

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