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Changes of Parties
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|
General
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|
| 1.1 |
Parties may be removed, added or substituted in
existing proceedings either on the court’s own initiative or on the
application of either an existing party or a person who wishes to become a
party. |
|
| 1.2 |
The application may be dealt with without a hearing
where all the existing parties and the proposed new party are in
agreement. |
|
| 1.3 |
The application to add or substitute a new party should
be supported by evidence setting out the proposed new party’s interest in
or connection with the claim. |
|
| 1.5 |
An order giving permission to amend will, unless the
court orders otherwise, be drawn up. It will be served by the court unless the
parties wish to serve it or the court orders them to do so. |
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Addition or Substitution of Claimant
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|
| 2.1 |
Where an application is made to the court to add or to
substitute a new party to the proceedings as claimant, the party applying must
file: |
| | (1)
| the application notice, |
|
| | (2)
| the proposed amended claim form and particulars
of claim, and |
|
| | (3)
| the signed, written consent of the new claimant
to be so added or substituted. |
|
|
| 2.2 |
Where the court makes an order adding or substituting a
party as claimant but the signed, written consent of the new claimant has not
been filed:
|
| | (2)
| the addition or substitution of the new party as
claimant, will not take effect until the signed, written
consent of the new claimant is filed. |
|
|
| 2.3 |
Where the court has made an order adding or
substituting a new claimant, the court may direct: |
| | (1)
| a copy of the order to be served on every party
to the proceedings and any other person affected by the order, |
|
| | (2)
| copies of the statements of case and of documents
referred to in any statement of case to be served on the new party, |
|
| | (3)
| the party who made the application to file within
14 days an amended claim form and particulars of claim. |
|
|
Addition or substitution of defendant
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|
| 3.1 |
The Civil Procedure Rules apply to a new defendant who
has been added or substituted as they apply to any other defendant (see in
particular the provisions of Parts 9 and 15). |
|
| 3.2 |
Where the court has made an order adding or
substituting a defendant whether on its own initiative or on an application,
the court may direct: |
| | (1)
| the claimant to file with the court within 14
days (or as ordered) an amended claim form and particulars of claim for the
court file, |
|
| | (2)
| a copy of the order to be served on all parties
to the proceedings and any other person affected by it, |
|
| | (3)
| the amended claim form and particulars of claim,
forms for admitting, defending and acknowledging the claim and copies of the
statements of case and any other documents referred to in any statement of case
to be served on the new defendant. |
|
| | (4)
| unless the court orders otherwise, the amended
claim form and particulars of claim to be served on any other
defendants. |
|
|
| 3.3 |
A new defendant does not become a party to the
proceedings until the amended claim form has been served on him2. |
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Removal of party
|
|
| 4 |
Where the court makes an order for the removal of a
party from the proceedings: |
| | (1)
| the claimant must file with the court an amended
claim form and particulars of claim, and |
|
| | (2)
| a copy of the order must be served on every party
to the proceedings and on any other person affected by the order. |
|
|
Transfer of interest or liability
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|
| 5.1 |
Where the interest or liability of an existing party
has passed to some other person, application should be made to the court to add
or substitute that person3. |
|
| 5.2 |
The application must be supported by evidence showing
the stage the proceedings have reached and what change has occurred to cause
the transfer of interest or liability. |
(For information about making amendments generally, see the
practice directionpdp-17supplementing Part 17.)
|
HUMAN RIGHTS, JOINING THE CROWN
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Section 4 of the Human Rights Act 1998
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| 6.1 |
Where a party has included in his statement of case
– |
| | (1)
| a claim for a declaration of incompatibility in
accordance with section 4 of the Human Rights Act 1998, or |
|
| | (2)
| an issue for the court to decide which may lead
to the court considering making a declaration, then the court may at any time consider whether
notice should be given to the Crown as required by that Act and give directions
for the content and service of the notice. The rule allows a period of 21 days
before the court will make the declaration but the court may vary this period
of time. |
|
|
| 6.2 |
The court will normally consider the issues and give
the directions referred to in paragraph 6.1 at the case management
conference. |
|
| 6.3 |
Where a party amends his statement of case to include
any matter referred to in paragraph 6.1, then the court will consider whether
notice should be given to the Crown and give directions for the content and
service of the notice. (The practice directionpdp-16to CPR Part 16 requires a party
to include issues under the Human Rights Act 1998 in his statement of
case) |
|
| 6.4 |
|
| | (1)
| The notice given under rule
19.4A must be served on the person named in the list published under section 17
of the Crown Proceedings ActActs 1947. (The list, made by the Minister for the Civil
Service, is annexed to the
practice directionpdp-66to Part 66) |
|
| | (2)
| The notice will be in the form directed by the
court but will normally include the directions given by the court and all the
statements of case in the claim. The notice will also be served on all the
parties. |
|
| | (3)
| The court may require the parties to assist in
the preparation of the notice. |
|
| | (4)
| In the circumstances described in the National
Assembly for Wales (Transfer of Functions)(No. 2) Order 2000 the notice must
also be served on the National Assembly for Wales. |
(Section 5(3) of the Human Rights Act 1998 provides
that the Crown may give notice that it intends to become a party at any stage
in the proceedings once notice has been given) |
|
| Cross reference after Para 2.3 of PD19 amended w/e from 1 October 2005. |
6.5 |
Unless the court orders otherwise, the Minister or
other person permitted by the Human Rights Act 1998 to be joined as a party
must, if he wishes to be joined, give notice of his intention to be joined as a
party to the court and every other party. Where the Minister has nominated a
person to be joined as a party the notice must be accompanied by the written
nomination. (Section 5(2)(a) of the Human Rights Act 1998 permits a
person nominated by a Minister of the Crown to be joined as a party. The
nomination may be signed on behalf of the Minister) |
Section 9 of the Human Rights Act
1998
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| 6.6 |
|
| | (1)
| The procedure in paragraphs 6.1 to 6.5 also
applies where a claim is made under sections 7(1)(a) and 9(3) of the Human
Rights Act 1998 for damages in respect of a judicial act. |
|
| | (2)
| Notice must be given to the Lord Chancellor and
should be served on the Treasury Solicitor on his behalf, except where the
judicial act is of a Court-Martial when the appropriate person is the Secretary
of State for Defence and the notice must be served on the Treasury Solicitor on
his behalf. |
|
| | (3)
| The notice will also give details of the judicial
act, which is the subject of the claim for damages, and of the court or
tribunal that made it. |
(Section 9(4) of the Human Rights Act 1998 provides
that no award of damages may be made against the Crown as provided for in
section 9(3) unless the appropriate person is joined in the proceedings. The
appropriate person is the Minister responsible for the court concerned or a
person or department nominated by him (section 9(5) of the Act)) |
