CR-2022-BRS-000101 - [2025] EWHC 2291 (Ch)

Fecha: 10-Sep-2025

Procedural rules

Procedural rules

Rule texts

21.

The rules for amending statements of case and adding parties are well known. CPR Part 17 relevantly provides:

“17.1(1) A party may amend their statement of case, including by removing, adding or substituting a party, at any time before it has been served on any other party.
(2)
If his statement of case has been served, a party may amend it only –
(a)
with the written consent of all the other parties; or
(b)
with the permission of the court.
(3)
If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with rule 19.4.
[ … ]
17.3(1) Where the court gives permission for a party to amend their statement of case, it may give directions as to –
(a)
amendments to be made to any other statement of case; and
(b)
service of any amended statement of case.
(2)
The power of the court to give permission under this rule is subject to –
(a)
rule 19.2 (change of parties – general);
[ … ]
[ … ]

22.

And CPR Part 19 relevantly provides:

19.2(1) This rule applies where a party is to be added or substituted except where the case falls within rule 19.6 (special provisions about changing parties after the end of a relevant limitation period).

(2)

The court may order a person to be added as a new party if –

(a)

it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or

(b)

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.

[ … ]

19.3(1) All persons jointly entitled to the remedy claimed by a claimant must be parties unless the court orders otherwise.

[ … ]

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

(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) –

(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)

they have given their consent in writing; and

(b)

that consent, and the proposed amended claim form and particulars of claim, have been filed with the court.

[ … ]”