Adding (joinder) and substituting parties

Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Adding (joinder) and substituting parties

Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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This Practice Note gives guidance on adding, removing or substituting parties before the end of a relevant limitation period pursuant to CPR 19. CPR 19.6 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.

Reasons for adding or substituting parties under CPR 19

CPR 19.1 provides that ‘any number of claimants or defendants may be joined as parties to a claim’.

As a general rule, claimants are entitled to pursue which defendants they wish, and cannot be required to join defendants that they do not wish to sue (Smith v Michelmores Trust corporation Ltd, applying Dollfuss Mieg v Bank of England). But this is subject to special cases for which different provision has been made by law, including by the Rules of procedure, for example under CPR 64 (Smith v Michelmores Trust Corporation Ltd).

A party may need to be added or substituted for a variety of reasons, including:

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Jurisdiction(s):
United Kingdom
Key definition:
Claim form definition
What does Claim form mean?

The statement of case in which the claimant sets out a concise statement of the nature of the claim.

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