Q&As

Where a claimant is seeking to add a defendant(s) does the application notice for permission to add them need to be served on the proposed new defendants?

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Produced in partnership with Julia Dias QC of 7KBW
Published on LexisPSL on 17/11/2017

The following Dispute Resolution Q&A produced in partnership with Julia Dias QC of 7KBW provides comprehensive and up to date legal information covering:

  • Where a claimant is seeking to add a defendant(s) does the application notice for permission to add them need to be served on the proposed new defendants?

Where a claimant is seeking to add a defendant(s) does the application notice for permission to add them need to be served on the proposed new defendants?

As a preliminary point, we are not dealing here with the situation where a claim form has been filed but not yet served. In this situation, CPR 17.1(1) provides that the claimant may amend the claim form to add a new defendant without either the permission of the court or the consent of any other parties. No question of an application notice therefore arises, although the amended claim form (appropriately endorsed as required by CPR PD 17, para 2.1(2)) must obviously be filed and served on the new defendant if it is to be effective. Note that an amendment made without permission can be disallowed under CPR 17.2.

The position is different where the claim form has already been served on the original defendant. In this case CPR 17.1(3) expressly provides that an application to amend must be made to the court in accordance with CPR 19.4 in order to add a new defendant (or any other party).

However, there is nothing in CPR 19.4 which expressly says anything about service of the application notice:

  1. CPR 19.4(1) restates the requirement for permission

  2. CPR 19.4(2) states who can make such an application

  3. CPR 19.4(5) provides that the order granting permission must

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