Drafting note for application notice to substitute defendant after expiry of the limitation period
Drafting note for application notice to substitute defendant after expiry of the limitation period

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

  • Drafting note for application notice to substitute defendant after expiry of the limitation period

Introduction

The application should be made using Form N244 (Form N244 (CC) if in the Commercial Court).

Application notice (Form N244)

Application notice—Commercial Court (Form N244(CC)) (Word)

Relevant Precedents

Witness statement in support of application to substitute a defendant after the expiry of the limitation period

Order to substitute defendant after expiry of limitation period

General points

These drafting notes are to be used in conjunction with Form N244 and are not designed for use with Form N244(CC).

The form should be filled in with the requisite details of the court proceedings.

Question 3 of the application notice—order

Set out the order you require. Proposed wording for this application is 'We are seeking an order that X Ltd be substituted as defendant. While the claim form was issued within the relevant limitation period, that period has now expired. The substitution is however necessary as the claim cannot be properly carried on against the original party unless the substitution is made'.

Question 4 of the application notice—draft order

You should always attach a copy of the proposed order for the court with the application notice. For a precedent order, see Order to substitute defendant after expiry of limitation period.

See Practice Note: Application hearings.

Hearing:

If you estimate that a hearing of more than 1 hour is required then you should request that the application be dealt with at a hearing attended by the parties. You should provide the court with

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