See also Practice
Direction 19, Practice
Direction 19B, Practice Direction
19C
Part
19
PARTIES AND GROUP LITIGATION
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Parties – general
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19.1 |
Any number of claimants or defendants may be joined as
parties to a claim.
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I
ADDITION AND SUBSTITUTION OF PARTIES
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Change of parties – general
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19.2 |
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| | (1)
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This rule applies where a party is to be added or
substituted except where the case falls within rule 19.5 (special provisions
about changing parties after the end of a relevant limitation
period(GL)).
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| | (2)
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The court may order a person to be added as a new
party if –
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| | (a)
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it is desirable to add the new party so that
the court can resolve all the matters in dispute in the proceedings; or
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| | (b)
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there is an issue involving the new party and
an existing party which is connected to the matters in dispute in the
proceedings, and it is desirable to add the new party so that the court can
resolve that issue.
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| | (3)
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The court may order any person to cease to be a party
if it is not desirable for that person to be a party to the proceedings.
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| | (4)
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The court may order a new party to be substituted for
an existing one if –
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| | (a)
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the existing party’s interest or
liability has passed to the new party; and
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| | (b)
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it is desirable to substitute the new party so
that the court can resolve the matters in dispute in the proceedings.
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| This Rule is referred to in: Part 64 (64.4), Part 65 (65.40), PDP 19 (6.6), Knowsley Housing Trust v Revell [5], MA Holdings Ltd v Wimpey [22], Paragon Finance Plc v Pender [101], Parsons v George [21], [21], [28], [30], [30], [30], [30], [30], [30], [38], [44], Prescott v Dunwoody Sports Marketing [23], [23], Roberts v Gill [29], Wragg v Partco Group Ltd [9], [9]. |
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Provisions applicable where two or more persons are
jointly entitled to a remedy
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19.3 |
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| | (1)
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Where a claimant claims a remedy to which some other
person is jointly entitled with him, all persons jointly entitled to the remedy
must be parties unless the court orders otherwise.
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| | (2)
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If any person does not agree to be a claimant, he
must be made a defendant, unless the court orders otherwise.
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| | (3)
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This rule does not apply in probate
proceedings.
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Procedure for adding and substituting
parties
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19.4 |
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| | (1)
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The court’s permission is required to remove,
add or substitute a party, unless the claim form has not been served.
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| | (2)
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An application for permission under paragraph (1) may
be made by –
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| | (a)
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an existing party; or
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| | (b)
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a person who wishes to become a party.
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| | (3)
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An application for an order under rule 19.2(4) (substitution of a new party where existing party’s interest or liability
has passed) –
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| | (a)
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may be made without notice; and
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| | (b)
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must be supported by evidence.
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| | (4)
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Nobody may be added or substituted as a claimant
unless –
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| | (a)
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he has given his consent in writing; and
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| | (b)
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that consent has been filed with the
court.
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| | (4A)
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The Commissioners for HM Revenue
and Customs may be added as a party to proceedings only if they consent in
writing.
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| | (5)
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An order for the removal, addition or substitution of
a party must be served on –
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| | (a)
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all parties to the proceedings; and
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any other person affected by the order.
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| | (6)
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When the court makes an order for the removal,
addition or substitution of a party, it may give consequential directions about
–
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| | (a)
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filing and serving the claim form on any new
defendant;
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| | (b)
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serving relevant documents on the new party;
and
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| | (c)
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the management of the proceedings.
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| This Rule is referred to in: Part 17 (17.1), (17.3), PDP 19 (6.6), Gregson v Channel Four [29], [29], Haq v Singh [6], Knowsley Housing Trust v Revell [23], [23], [24], MA Holdings Ltd v Wimpey [22], Prescott v Dunwoody Sports Marketing [22]. |
| New Rule19.4(4A) added w/e from 1 October 2005. |
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Human Rights
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19.4A |
Section 4 of the Human Rights Act 1998
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| | (1)
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The court may not make a declaration of
incompatibility in accordance with section 4 of the Human Rights Act 1998
unless 21 days’ notice, or such other period of notice as the court directs,
has been given to the
Crown.
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| | (2)
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Where notice has been given to the Crown a Minister,
or other person permitted by that Act, shall be joined as a party on giving
notice to the court.
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(Only courts specified in section 4 of the Human Rights
Act 1998 can make a declaration of incompatibility)
Section 9 of the Human Rights Act 1998
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| | (3)
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Where a claim is made under that Act for damages in
respect of a judicial act –
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| | (a)
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that claim must be set out in the statement of
case or the appeal notice; and
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notice must be given to the Crown.
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| | (4)
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Where paragraph (3) applies and the appropriate
person has not applied to be joined as a party within 21 days, or such other
period as the court directs, after the notice is served, the court may join the
appropriate person as a party.
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(A practice direction makes provision for these notices)
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Special provisions about adding or substituting
parties after the end of a relevant limitation period
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19.5 |
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| | (1)
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This rule applies to a change of parties after the
end of a period of limitation under –
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| | (a)
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the Limitation Act 1980Acts1;
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| | (b)
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the Foreign Limitation Periods Act 1984Acts2;
or
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| | (c)
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any other enactment which allows such a change,
or under which such a change is allowed.
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| | (2)
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The court may add or substitute a party only if
–
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| | (b)
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the addition or substitution is
necessary.
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| | (3)
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The addition or substitution of a party is necessary
only if the court is satisfied that –
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the new party is to be substituted for a party
who was named in the claim form in mistake for the new party;
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| | (b)
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the claim cannot properly be carried on by or
against the original party unless the new party is added or substituted as
claimant or defendant; or
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| | (c)
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the original party has died or had a bankruptcy
order made against him and his interest or liability has passed to the new
party.
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| | (4)
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In addition, in a claim for personal injuries the
court may add or substitute a party where it directs that –
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| | (a)
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section 11 (special time limit for claims
for personal injuries); or
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| | (ii)
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section 12 (special time limit for claims
under fatal accidents legislation), of the Limitation Act 1980Acts shall not apply
to the claim by or against the new party; or
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| | (b)
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the issue of whether those sections apply shall
be determined at trial.
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(Rule 17.4 deals with other changes after the end of a
relevant limitation period(GL))
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| This Rule is referred to in: Part 17 (17.4), Adelson v Associated Newspapers Ltd [44], [44], [44], [69], Gregson v Channel Four [17], [29], [32], [32], [33], Kesslar v Moore & Tibbits [17], [17], [20], [20], O'Byrne v Aventis Pasteur SA [56], [56], Parsons v George [21], [30], [30], [30], [30], [30], [30], [30], [30], [30], [38], [43], [44], [44], Roberts v Gill [38], [48], [60], Smithkline Beecham plc v Horne-Roberts [36], [45], Weston v Gribben [35], [35], [54]. |
| Amendments to Rule 19.5(c) and deletion of (d) w/e from 26 March 2001. |
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Special rules about parties in claims for wrongful
interference with goods
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19.5A |
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| | (1)
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A claimant in a claim for wrongful interference with
goods must, in the particulars of claim, state the name and address of every
person who, to his knowledge, has or claims an interest in the goods and who is
not a party to the claim.
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| | (2)
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A defendant to a claim for wrongful interference with
goods may apply for a direction that another person be made a party to the
claim to establish whether the other person
–
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has a better right to the goods than the
claimant; or
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has a claim which might render the defendant
doubly liable under section 7 of the Torts (Interference with Goods) Act
1977(a).
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| | (3)
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Where the person referred to in paragraph (2) fails
to attend the hearing of the application, or comply with any directions, the
court may order that he is deprived of any claim against the defendant in
respect of the goods.
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(Rule 3.1(3) provides that the court may make an order
subject to conditions)
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| | (4)
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The application notice must be served on all parties
and on the person referred to in paragraph (2).
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| Rule 19.5A added w/e from 26 March 2001. |
II
REPRESENTATIVE PARTIES
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Representative parties with same
interest
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19.6 |
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| | (1)
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Where more than one person has the same interest in a
claim –
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| | (a)
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the claim may be begun; or
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| | (b)
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the court may order that the claim be
continued,
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by or against one or more of the persons who have the
same interest as representatives of any other persons who have that
interest.
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| | (2)
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The court may direct that a person may not act as a
representative.
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| | (3)
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Any party may apply to the court for an order under
paragraph (2).
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| | (4)
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Unless the court otherwise directs any judgment or
order given in a claim in which a party is acting as a representative under
this rule –
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| | (a)
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is binding on all persons represented in the
claim; but
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| | (b)
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may only be enforced by or against a person who
is not a party to the claim with the permission of the court.
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| | (5)
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This rule does not apply to a claim to which rule
19.7 applies.
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Representation of interested persons who cannot be
ascertained etc.
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19.7 |
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| | (1)
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This rule applies to claims about –
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the estate of a deceased person;
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property subject to a trust; or
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the meaning of a document, including a
statute.
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| | (2)
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The court may make an order appointing a person to
represent any other person or persons in the claim where the person or persons
to be represented –
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| | (c)
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cannot easily be ascertained; or
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| | (d)
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are a class of persons who have the same
interest in a claim and –
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| | (i)
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one or more members of that class are
within sub-paragraphs (a), (b) or (c); or
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| | (ii)
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to appoint a representative would further
the overriding objective.
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| | (3)
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An application for an order under paragraph (2)
–
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| | (a)
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may be made by –
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any person who seeks to be appointed
under the order; or
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| | (ii)
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any party to the claim; and
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| | (b)
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may be made at any time before or after the
claim has started.
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| | (4)
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An application notice for an order under paragraph
(2) must be served on –
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all parties to the claim, if the claim has
started;
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| | (b)
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the person sought to be appointed, if that
person is not the applicant or a party to the claim; and
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any other person as directed by the
court.
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| | (5)
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The court’s approval is required to settle a
claim in which a party is acting as a representative under this rule.
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| | (6)
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The court may approve a settlement where it is
satisfied that the settlement is for the benefit of all the represented
persons.
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| | (7)
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Unless the court otherwise directs, any judgment or
order given in a claim in which a party is acting as a representative under
this rule –
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is binding on all persons represented in the
claim; but
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| | (b)
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may only be enforced by or against a person who
is not a party to the claim with the permission of the court.
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Representation of beneficiaries by trustees
etc.
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19.7A |
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A claim may be brought by or against trustees,
executors or administrators in that capacity without adding as parties any
persons who have a beneficial interest in the trust or estate (‘the
beneficiaries’).
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| | (2)
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Any judgment or order given or made in the claim is
binding on the beneficiaries unless the court orders otherwise in the same or
other proceedings.
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| Rule 19.7A inserted w/e from 2 December 2002. |
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Postal Services Act 2000 (c.26)
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19.7B |
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| | (1)
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An application under section 92 of
the Postal Services Act 2000 for permission to bring proceedings in the name of
the sender or addressee of a postal packet or his personal representative is
made in accordance with Part 8.
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| | (2)
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A copy of the application notice
must be served on the universal service provider and on the person in whose
name the applicant seeks to bring the proceedings.
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| New Rule 19.7B added w/e from 1 October 2005. |
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Death
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19.8 |
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| | (1)
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Where a person who had an interest in a claim has
died and that person has no personal representative the court may order
–
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| | (a)
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the claim to proceed in the absence of a person
representing the estate of the deceased; or
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| | (b)
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a person to be appointed to represent the
estate of the deceased.
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| | (2)
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Where a defendant against whom a claim could have
been brought has died and –
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| | (a)
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a grant of probate or administration has been
made, the claim must be brought against the persons who are the personal
representatives of the deceased;
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| | (b)
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a grant of probate or administration has not
been made –
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| | (i)
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the claim must be brought against
‘the estate of’ the deceased; and
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| | (ii)
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the claimant must apply to the court for
an order appointing a person to represent the estate of the deceased in the
claim.
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| | (3)
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A claim shall be treated as having been brought
against ‘the estate of’ the deceased in accordance with paragraph
(2)(b)(i) where –
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| | (a)
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the claim is brought against the
‘personal representatives’ of the deceased but a grant of probate
or administration has not been made; or
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| | (b)
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the person against whom the claim was brought
was dead when the claim was started.
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| | (4)
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Before making an order under this rule, the court may
direct notice of the application to be given to any other person with an
interest in the claim.
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| | (5)
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Where an order has been made under paragraphs (1) or
(2)(b)(ii) any judgment or order made or given in the claim is binding on the
estate of the deceased.
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Power to make judgements binding on
non-parties
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19.8A |
|
| | (1)
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This rule applies to any claim relating to
–
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| | (a)
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the estate of a deceased person;
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| | (b)
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property subject to a trust; or
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| | (c)
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the sale of any property.
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| | (2)
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The court may at any time direct that notice of
–
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| | (b)
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any judgment or order given in the
claim,
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be served on any person who is not a party but who is
or may be affected by it.
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| | (3)
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An application under this rule –
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| | (a)
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may be made without notice; and
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| | (b)
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must be supported by written evidence which
includes the reasons why the person to be served should be bound by the judgment
in the claim.
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| | (4)
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Unless the court orders otherwise –
|
| | (a)
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a notice of a claim or of a judgment or order
under this rule must be –
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| | (i)
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in the form required by the practice
direction;
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| | (ii)
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issued by the court; and
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| | (iii)
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accompanied by a form of acknowledgment
of service with any necessary modifications;
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|
| | (b)
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a notice of a claim must also be accompanied by
–
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| | (ii)
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such other statements of case, witness
statements or affidavits as the court may direct; and
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| | (c)
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a notice of a judgment or order must also be
accompanied by a copy of the judgment or order.
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| | (5)
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If a person served with notice of a claim files an
acknowledgment of service of the notice within 14 days he will become a party
to the claim.
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| | (6)
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If a person served with notice of a claim does not
acknowledge service of the notice he will be bound by any judgment given in the
claim as if he were a party.
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| | (7)
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If, after service of a notice of a claim on a person,
the claim form is amended so as substantially to alter the relief claimed, the
court may direct that a judgment shall not bind that person unless a further
notice, together with a copy of the amended claim form, is served on
him.
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| | (8)
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Any person served with a notice of a judgment or
order under this rule –
|
| | (a)
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shall be bound by the judgment or order as if
he had been a party to the claim; but
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| | (b)
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may, provided he acknowledges service
–
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| | (i)
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within 28 days after the notice is served
on him, apply to the court to set aside or vary the judgment or order;
and
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| | (ii)
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take part in any proceedings relating to
the judgment or order.
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|
| | (9)
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The following rules of Part 10 (acknowledgment of
service) apply –
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| | (b)
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rule 10.5, subject to the modification that
references to the defendant are to be read as references to the person served
with the notice.
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|
| | (10)
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A notice under this rule is issued on the date
entered on the notice by the court.
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Rule 19.8A added w/e from 26 March 2001,
Rule 19.8A replaces existing rule w/e from 2 December 2002. |
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Derivative claims – how
started
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19.9 |
|
| | (1)
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This rule –
|
| | (a)
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applies to a derivative claim
(where a company, other body corporate or trade union is alleged to be entitled
to claim a remedy, and a claim is made by a member of it for it to be given
that remedy), whether under Chapter 1 of Part 11 of the Companies Act
20063 or otherwise; but
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| | (b)
|
does not apply to a claim
made pursuant to an order under section
996 of that Act.
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| | (2)
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A derivative claim must be started by a claim
form.
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|
| | (3)
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The company, body corporate or trade union for the
benefit of which a remedy is sought must be made a defendant to the
claim.
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|
| | (4)
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After the issue of the claim form, the claimant must
not take any further step in the proceedings without the permission of the
court, other than –
|
| | (b)
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making an urgent application
for interim relief.
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Text substituted
in Rule 19.9(1) w/e from 6 April 2008,
Text substituted in Rule 19.9
w/e from 1 October 2007,
The word "delete" removed from Rule 19.9(3)(a) w/e from 15 October 2001. |
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Derivative claims under Chapter 1 of Part 11 of the
Companies Act 2006 – application for permission
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19.9A |
|
| | (1)
|
In this rule
–
‘the Act’ means the Companies Act
2006;
‘derivative claim’ means a derivative claim under
Chapter 1 of Part 11 of the Act;
‘permission
application’ means an application referred to in section 261(1), 262(2) or 264(2)
of the Act;
‘the company’ means the company for the
benefit of which the derivative claim is brought.
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|
| | (2)
|
When the claim form for a
derivative claim is issued, the claimant must file –
|
| | (a)
|
an application notice under
Part 23 for permission to continue the claim; and
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|
| | (b)
|
the written evidence on which
the claimant relies in support of the permission application.
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|
| | (3)
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The claimant must not make the
company a respondent to the permission application.
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|
| | (4)
|
Subject to paragraph (7), the
claimant must notify the company of the claim and permission application by
sending to the company as soon as reasonably practicable after the claim form is issued –
|
| | (a)
|
a notice in the form set out
in the practice direction supplementing this rule, and to which is attached a
copy of the provisions of the Act required by that form;
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|
| | (b)
|
copies of the claim form and
the particulars of claim;
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|
| | (c)
|
the application notice;
and
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|
| | (d)
|
a copy of the evidence filed
by the claimant in support of the permission application.
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|
| | (5)
|
The claimant may send the notice
and documents required by paragraph (4) to the company by any method permitted
by Part 6 as if the notice and documents were being served on the
company.
|
|
| | (6)
|
The claimant must file a witness
statement confirming that the claimant has notified the company in accordance
with paragraph (4).
|
|
| | (7)
|
Where notifying the company of the
permission application would be likely to frustrate some party of the remedy
sought, the court may, on application by the claimant, order that the company
need not be notified for such period after the issue of the claim form as the
court directs.
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|
| | (8)
|
An application under paragraph (7)
may be made without notice.
|
|
| | (9)
|
Where the court dismisses the
claimant’s permission application without a hearing, the court will notify
the claimant and (unless the court orders otherwise) the company of that
decision.
|
|
| | (10)
|
The claimant may ask for an oral
hearing to reconsider the decision to dismiss the permission application, but
the claimant –
|
| | (a)
|
must make the request to the
court in writing within seven days of being notified of the decision;
and
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|
| | (b)
|
must notify the company in
writing, as soon as reasonably practicable, of that request unless the court
orders otherwise.
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|
| | (11)
|
Where the court dismisses the
permission application at a hearing pursuant to paragraph (10), it will notify
the claimant and the company of its decision.
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|
| | (12)
|
Where the court does not dismiss
the application under section 261(2) of the Act, the court will –
|
| | (a)
|
order that the company and
any other appropriate party must be made respondents to the permission
application; and
|
|
| | (b)
|
give directions for the
service on the company and any other appropriate party of the application
notice and the claim form.
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|
Rule 19.9A inserted
w/e from 1 October 2007,
Text substituted
in Rule 19.9A(1)
w/e from 6 April 2008. |
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|
Derivative claims under Chapter 1 of Part 11 of the
Companies Act 2006 – members of companies taking over claims by companies
or other members
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|
19.9B |
|
| | (1)
|
This rule applies to proceedings
under section 262(1) or 264(1) of the Companies Act 2006.
|
|
| | (2)
|
The application for permission must
be made by an application notice in accordance with Part 23.
|
|
| | (3)
|
Rule 19.9A (except for paragraphs
(1), (2) and (4)(b) of that rule, and paragraph (12)(b) so far as it applies to
the claim form) applies to an application under this rule and references to the
claimant in rule 19.9A are to be read as references to the person who seeks to
take over the claim.
|
|
| Rule 19.9B inserted
w/e from 1 October 2007. |
|
|
Derivative claims – other bodies corporate and
trade unions
|
|
19.9C |
|
| | (1)
|
This rule sets out the procedure
where –
|
| | (a)
|
either –
|
| | (i)
|
a body corporate to
which Chapter 1 of Part 11 of the Companies Act 2006 does not apply;
or
|
is alleged to be entitled to a
remedy; and
|
|
| | (b)
|
either –
|
| | (i)
|
a claim is made by a
member for it to be given that remedy; or
|
|
| | (ii)
|
a member of the body
corporate or trade union seeks to take over a claim already started, by the
body corporate or trade union or one or more of its members, for it to be given
that remedy.
|
|
|
|
| | (2)
|
The member who starts, or seeks to
take over, the claim must apply to the court for permission to continue the
claim.
|
|
| | (3)
|
The application for permission must
be made by an application notice in accordance with Part 23.
|
|
| | (4)
|
The procedure for applications in
relation to companies under section 261, 262 or 264 (as the case requires) of
the Companies Act 2006 applies to the permission application as if the body
corporate or trade union were a company.
|
|
| | (5)
|
Rules 19.9A (except for paragraph
(1) of that rule) and 19.9B apply to the permission application as if the body
corporate or trade union were a company.
|
|
Rule 19.9C inserted
w/e from 1 October 2007,
Text substituted
in Rule 19.9C(5) w/e from 6 April 2008. |
|
|
Derivative claims arising in the course of other
proceedings
|
|
19.9D |
If a derivative claim (except such
a claim in pursuance of an order under section
996 of the Companies Act 2006)
arises in the course of other proceedings –
|
| | (a)
|
in the case of a derivative
claim under Chapter 1 of Part 11 of that Act, rule 19.9A or 19.9B applies, as
the case requires; and
|
|
|
Rule 19.9D inserted
w/e from 1 October 2007,
Text substituted
in Rule 19.9D
w/e from 6 April 2008. |
|
|
Derivative claims – costs
|
|
19.9E |
The court may order the company,
body corporate or trade union for the benefit of which a derivative claim is
brought to indemnify the claimant against liability for costs incurred in the
permission application or in the derivative claim or both.
|
|
| Rule 19.9E inserted
w/e from 1 October 2007. |
|
|
Derivative claims – discontinuance and
settlement
|
|
19.9F |
Where the court has given
permission to continue a derivative claim, the court may order that the claim
may not be discontinued,
settled or compromised without
the permission of the court.
|
|
Rule 19.9F inserted
w/e from 1 October 2007,
Text substituted
in Rule 19.9F w/e from 6 April 2008. |
III
GROUP LITIGATION
|
|
Definition
|
|
19.10 |
A Group Litigation Order (‘GLO’) means an
order made under rule 19.11 to provide for the case management of claims which
give rise to common or related issues of fact or law (the ‘GLO
issues’).
|
|
|
|
Group Litigation Order
|
|
19.11 |
|
| | (1)
|
The court may make a GLO where there are or are
likely to be a number of claims giving rise to the GLO issues.
(The practice direction provides the procedure for
applying for a GLO)
|
|
| | (2)
|
A GLO must –
|
| | (a)
|
contain directions about the establishment of a
register (the ‘group register’) on which the claims managed under
the GLO will be entered;
|
|
| | (b)
|
specify the GLO issues which will identify the
claims to be managed as a group under the GLO; and
|
|
| | (c)
|
specify the court (the ‘management
court’) which will manage the claims on the group register.
|
|
|
| | (3)
|
A GLO may –
|
| | (a)
|
in relation to claims which raise one or more
of the GLO issues –
|
| | (i)
|
direct their transfer to the management
court;
|
|
| | (ii)
|
order their stay(GL)
until further order; and
|
|
| | (iii)
|
direct their entry on the group
register;
|
|
|
| | (b)
|
direct that from a specified date claims which
raise one or more of the GLO issues should be started in the management court
and entered on the group register; and
|
|
| | (c)
|
give directions for publicising the GLO.
|
|
|
|
|
Effect of the GLO
|
|
19.12 |
|
| | (1)
|
Where a judgment or order is given or made in a claim
on the group register in relation to one or more GLO issues –
|
| | (a)
|
that judgment or order is binding on the
parties to all other claims that are on the group register at the time the
judgment is given or the order is made unless the court orders otherwise;
and
|
|
| | (b)
|
the court may give directions as to the extent
to which that judgment or order is binding on the parties to any claim which is
subsequently entered on the group register.
|
|
|
| | (2)
|
Unless paragraph (3) applies, any party who is
adversely affected by a judgment or order which is binding on him may seek
permission to appeal the order.
|
|
| | (3)
|
A party to a claim which was entered on the group
register after a judgment or order which is binding on him was given or made
may not –
|
| | (b)
|
appeal the judgment or order,
|
but may apply to the court for an order that the
judgment or order is not binding on him.
|
|
| | (4)
|
Unless the court orders otherwise, disclosure of any
document relating to the GLO issues by a party to a claim on the group register is disclosure of that document to all parties to claims –
|
| | (b)
|
which are subsequently entered on the group
register.
|
|
|
|
|
Case management
|
|
19.13 |
Directions given by the management court may include
directions –
|
| | (a)
|
varying the GLO issues;
|
|
| | (b)
|
providing for one or more claims on the group
register to proceed as test claims;
|
|
| | (c)
|
appointing the solicitor of one or more parties
to be the lead solicitor for the claimants or defendants;
|
|
| | (d)
|
specifying the details to be included in a
statement of case in order to show that the criteria for entry of the claim on
the group register have been met;
|
|
| | (e)
|
specifying a date after which no claim may be
added to the group register unless the court gives permission; and
|
|
| | (f)
|
for the entry of any particular claim which
meets one or more of the GLO issues on the group register.
|
(Part 3 contains general provisions about the case
management powers of the court)
|
|
|
|
Removal from the register
|
|
19.14 |
|
| | (1)
|
A party to a claim entered on the group register may
apply to the management court for the claim to be removed from the
register.
|
|
| | (2)
|
If the management court orders the claim to be
removed from the register it may give directions about the future management of
the claim.
|
|
|
|
Test claims
|
|
19.15 |
|
| | (1)
|
Where a direction has been given for a claim on the
group register to proceed as a test claim and that claim is settled, the
management court may order that another claim on the group register be
substituted as the test claim.
|
|
| | (2)
|
Where an order is made under paragraph (1), any order
made in the test claim before the date of substitution is binding on the
substituted claim unless the court orders otherwise.
|
|
