19.4
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(1)
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The courts 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 -- an existing party; or
- 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 partys interest or liability
has passed) -- may be made without notice; and
- must be supported by evidence.
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(4)
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Nobody may be added or substituted as a claimant
unless -- he has given his consent in writing; and
- that consent has been filed with the
court.
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(5)
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An order for the removal, addition or substitution of
a party must be served on -- all parties to the proceedings; and
- 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
-- filing and serving the claim form on any new
defendant;
- serving relevant documents on the new party;
and
- the management of the proceedings.
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19.4A
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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)
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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 -- that claim must be set out in the statement of
case or the appeal notice; and
- 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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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 -- the Limitation Act 1980
(28)
;
- the Foreign Limitation Periods Act
1984
(29)
; or
- 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
-- the relevant limitation
period(GL) was current when the proceedings were started;
and
- 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 -- the new party is to be substituted for a party
who was named in the claim form in mistake for the new party;
- 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
- 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 --
- section 11 (special time limit for claims
for personal injuries); or
- section 12 (special time limit for claims
under fatal accidents legislation), of the Limitation Act 1980 shall not apply
to the claim by or against the new party; or
- 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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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-- has a better right to the goods than the
claimant; or
- 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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19.7
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(1)
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This rule applies to claims about -- the estate of a deceased person;
- property subject to a trust; or
- 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 -- are unborn;
- cannot be found;
- cannot easily be ascertained; or
- are a class of persons who have the same
interest in a claim and -
- one or more members of that class are
within sub-paragraphs (a), (b) or (c); or
- 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)
-- may be made by -
- any person who seeks to be appointed
under the order; or
- any party to the claim; and
- 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 -- all parties to the claim, if the claim has
started;
- the person sought to be appointed, if that
person is not the applicant or a party to the claim; and
- any other person as directed by the
court.
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(5)
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The courts 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 -- is binding on all persons represented in the
claim; but
- 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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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
-- the claim to proceed in the absence of a person
representing the estate of the deceased; or
- 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 -- 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;
- a grant of probate or administration has not
been made -
- the claim must be brought against
the estate of the deceased; and
- 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 -- the claim is brought against the
personal representatives of the deceased but a grant of probate
or administration has not been made; or
- 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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19.8A
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(1)
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This rule applies to any claim in the High Court
relating to-- the estate of a deceased person; or
- property subject to a trust.
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(2)
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The court may at any time direct that notice of the
claim be served on a person who is not a party but who will or may be affected
by any judgement made in the claim.
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(3)
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An application under this rule-- may be made without notice; and
- must be supported by written evidence which
includes the reasons why the person to be served should be bound by the
judgement in the claim.
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(4)
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Unless the court orders otherwise, the notice of the
claim under this rule must be-- in the form in the relevant pratice
direction;
- issued by the court; and
- accompanied by-
- a copy of the claim form,
- all other statements of case served in
the claim, and
- a form of acknowledgement of
service.
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(5)
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If a person served with notice of the claim files an
acknowledgment of service 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 the claim does not
acknowledge service of the notice he will be bound by any judgement given in
the claim as if he were a party.
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(7)
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If, after service of the notice of the claim on a
person, the claim form is amended so as substantially to alter the relief
claimed the court may direct that a judgement 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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The following rules of Part 10 (ackowledgment of
service) apply-- rule 10.4; and
- 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 of the claim.
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(9)
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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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19.9
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(1)
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This rule applies where a company, other incorporated
body or trade union is alleged to be entitled to claim a remedy and a claim is
made by one or more members of the company, body or trade union for it to be
given that remedy (a derivative claim).
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(2)
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The company, body or trade union for whose benefit a
remedy is sought must be a defendant to the claim.
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(3)
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After the claim form has been issued the claimant
must apply to the court for permission to continue the claim and may not take
any other step in the proceedings except -- except as provided by paragraph (5); or
- where the court gives permission.
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(4)
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An application in accordance with paragraph (3) must
be supported by written evidence.
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(5)
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The -- claim form;
- application notice; and
- written evidence in support of the
application,
must be served on the defendant within the period
within which the claim form must be served and, in any event, at least 14 days
before the court is to deal with the application.
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(6)
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If the court gives the claimant permission to
continue the claim, the time within which the defence must be filed is 14 days
after the date on which the permission is given or such period as the court may
specify.
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(7)
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The court may order the company, body or trade union
to indemnify the claimant against any liability in respect of costs incurred in
the claim.
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19.12
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(1)
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Where a judgment or order is given or made in a claim
on the group register in relation to one or more GLO issues -- 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
- 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.
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(2)
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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.
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(3)
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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 -- apply for the judgment or order to be set
aside(GL), varied or stayed(GL);
or
- appeal the judgment or order,
but may apply to the court for an order that the
judgment or order is not binding on him.
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(4)
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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 -- on the group register; and
- which are subsequently entered on the group
register.
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