Limitation—amending a party name and substituting or adding (joinder) of parties
Limitation—amending a party name and substituting or adding (joinder) of parties

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

  • Limitation—amending a party name and substituting or adding (joinder) of parties
  • Adding or substituting a party after the end of a relevant limitation period—LA 1980, s 35 and CPR 19.5
  • Is the addition or substitution necessary—CPR 19.5(2)(b) and CPR 19.5(3)(a)-(c)
  • Was the claim form issued within the relevant limitation period—CPR 19.5(2)(a)
  • Adding or substituting to correct a mistake after expiry of a relevant limitation period—CPR 19.5(3)(a) and LA 1980, s 35(6)(a)
  • CPR 17.4(3) and its relationship with CPR 19.5(3)(a)
  • The claim cannot be properly carried on by or against the original party unless the new party is added or substituted as claimant or defendant—CPR 19.5(3)(b) and LA 1980, s 35(6)(b)
  • Substituting a deceased defendant with their executor—CPR 19.5(3)(c)
  • Adding parties prior to service
  • Foreign law claims

This Practice Note should be read in conjunction with Practice Note: Limitation—amendments to statements of case, set-offs and counterclaims, which similarly addresses amendments to statements of case following the end of a relevant limitation period, but with particular focus on the addition or substitution of new causes of action after the end of a relevant limitation period (as well as setting out the position in respect of limitation and counterclaims).

For general guidance on the computation of limitation periods, as well as more specific details on limitation under the Limitation Act 1980 (LA 1980) for the key types of claims, see Practice Notes:

  1. Limitation Act 1980—general application

  2. Limitation—the principal limitation periods

See also Practice Note: Adding (joinder) and substituting parties for information on amending statements of case when limitation is not in issue as well as general guidance on how to apply to substitute or add a party under CPR 19 and CPR PD 19A.

Adding or substituting a party after the end of a relevant limitation period—LA 1980, s 35 and CPR 19.5

CPR 19.5(1) states that CPR 19.5 applies to a change of parties after the end of a relevant limitation period under:

  1. the LA 1980

  2. the Foreign Limitation Periods Act 1984, or

  3. any other enactment which allows such change, or under which a change is allowed (as to which, see Parsons v George and Eco-Energy

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