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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(i) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
  • Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(ii) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
  • Sch. 2 CCR Order 27 rule 4(b) words omitted by S.I. 2014/407 rule 39(e)(ii)(aa) (This amendment not applied to legislation.gov.uk. The words "the justices's chief executive for" do not appear in Sch. 2 CCR Order 27 rule 4(b))
  • Sch. 2 CCR Order 27 rule 10(3) words omitted by S.I. 2014/407 rule 39(k)(iii) (This amendment not applied to legislation.gov.uk. The words "the justices's chief executive for" do not appear in Sch. 2 CCR Order 27 rule 10(3))
  • Sch. 2 CCR Order 28 words omitted by S.I. 2014/867 rule 21(a) (This amendment not applied to legislation.gov.uk. There is no Table of Contents in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 39 words omitted by S.I. 2014/867 rule 22(a) (This amendment not applied to legislation.gov.uk. There is no Table of Contents in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 27 rule 4(b) words substituted by S.I. 2014/407 rule 39(e)(ii)(bb) (This amendment not applied to legislation.gov.uk. The words "by that chief executive" do not appear in Sch. 2 CCR Order 27 rule 4(b))
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(ii) (This amendment not applied to legislation.gov.uk. The words "county court" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(iv) (This amendment not applied to legislation.gov.uk. The words "district judge" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 28 words substituted by S.I. 2014/867 rule 3(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 28 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(ii) (This amendment not applied to legislation.gov.uk. The words "county court" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(ii) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 44)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 44)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(iv) (This amendment not applied to legislation.gov.uk. The words "district judge" do not appear in Sch. 2 CCR Order 44)
  • rule 25.1(n) word omitted by S.I. 2005/3515 rule 7(a)(i)
  • rule 52.13(1)(a) words inserted by S.I. 2014/879 art. 76 (This amendment not applied to legislation.gov.uk. There is no rule 52.13(1)(a))
  • rule 74.1(5)(h) inserted by S.I. 2024/595 rule 4(2)(b)
  • rule 74.4(7) inserted by S.I. 2024/595 rule 4(4)(b)

[F1Procedure for adding and substituting partiesE+W

19.4—(1) The court’s permission is required to remove, add or substitute a party, unless the claim form has not been served.

[F2(2) An application for permission under paragraph (1)—

(a)may be made by—

(i)an existing party; or

(ii)a person who wishes to become a party; and

(b)must be—

(i)supported by evidence; and

(ii)made under Part 23.]

(3) An application for an order under rule 19.2(4) F3...—

(a)may be made without notice; and

(b)must be supported by evidence.

(4) Nobody may be added or substituted as a claimant unless—

(a)[F4they have given their] consent in writing; and

(b)that [F5consent, and the proposed amended claim form and particulars of claim, have] been filed with the court.

[F6(5) If an order is made adding or substituting a person as a claimant prior to the filing of their consent—

(a)the order; and

(b)the addition or substitution of the new party as claimant,

shall not take effect until the signed, written consent of the new claimant is filed.

(6) The Commissioners for HM Revenue and Customs may, where a dispute between other parties may have tax consequences, be added as party to proceedings if they consent in writing.

(7) An order for the removal, addition or substitution of a party must be served on—

(a)all parties to the proceedings; and

(b)any other person affected by the order.

(8) When the court makes an order for the removal, addition or substitution of a party, it may give consequential directions.

(9) A new defendant does not become a party to the proceedings until the amended claim form has been served on them.

(10) A party applying to add a new party by amendment [F7shall] be responsible for the costs of and arising from the amendment [F8unless the court decides otherwise].

(11) The court may remove, add or substitute parties in existing proceedings on its own initiative.]]

Textual Amendments

F3Words in rule 19.4(3) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(4)(b)

F4Words in rule 19.4(4)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(4)(c)(i)

F5Words in rule 19.4(4)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(4)(c)(ii)

F6Rule 19.4(5)-(11) substituted for rule 19.4(4A)-(6) (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(5)

F7Word in rule 19.4(10) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 10(a)

F8Words in rule 19.4(10) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 10(b)

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