Adding/removing/substituting parties

Question 1

is permission required?

Answer 1

court permission not required unless CF served.

Question 2

who can make an application?

Answer 2

an existing party or a person who wants to be joined to the proceedings

Question 3

which documents must be filed when adding/substituting a claimant?

Answer 3

o written consent from current and new C +
o Amended claim form and POC

Question 4

explain when a new party can be added within limitation

Answer 4

The court can order a person be added as a new party if:
o It is desirable to add the party to resolve all issues in the dispute; or
o There is an issue involving the new + existing party which is connected to existing matters in dispute and it is desirable to add them to resolve it

Question 5

explain when a new party can be substituted within limitation

Answer 5

The court can order a new party be substituted for an existing party where:
o The existing party’s interest or liability has passed to the new party +
o The substitution is desirable to so that the court can resolve matters in dispute

Question 6

explain when a new party can be removed within limitation

Answer 6

The court can remove a party if it is not desirable for them to be a party

Question 7

explain what actions can be taken when the limitation period has expired at the point of issuing

Answer 7

The court can add or substitute (NB: not remove) a party if:
o The limitation period was current when proceedings were started +
o It is necessary

Question 8

when will it be ‘necessary’ for the purposes of adding/removing a party outside of limitation?

Answer 8

It will be necessary where:
o The new party is to be substituted for a party who was named by mistake
o The claim cannot be carried on unless the addition/substitution takes place
o The original party has died/bankrupt and their interest/liability has passed to the new party