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Civil Litigation Notes

9 Multiple Causes Of Action And Multiple Parties Notes

Updated 9 Multiple Causes Of Action And Multiple Parties Notes

Civil Litigation Notes

Civil Litigation

Approximately 50 pages

Are you preparing for the Civil Litigation Paper 2 exam? Struggling to navigate through the labyrinth of Civil Procedure Rules while under time constraints? This index is structured around the key Syllabus Areas outlined by the BSB, ensuring that you have quick access to all the examinable materials instead of frantically flipping through pages during the exam.

I recommend printing these indexes onto sticky notes, and affixing them to your White Book.

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9 – Multiple Causes of Action and Multiple Parties

1. Multiple causes of action and multiple parties The number of claimants and defendants who may be joined as parties to a claim CPR r 19.1

The general provisions regarding changes of parties

  • NB: These rules apply as long as it is within the limitation period.

  • CPR r 19.2(2): Court may order a person to be added as a new party if:

  • ‘Desirable’ to resolve all matters in dispute in the proceedings; or

  • 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 them so that court can resolve that issue.

  • CPR r 19.2(3): Court may also remove party if not desirable for them to be party to the proceedings.

  • CPR r 19.2(4): Court may order a new party to be substituted for an existing one if:

  • The existing party’s interest or liability has passed to the new party; and

  • It is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.

CPR r 19.2

Provisions applicable where two or more persons are jointly entitled to a remedy

  • All persons jointly entitled to remedy claimed must be parties, unless the court orders otherwise. If any person does not agree to be a claimant, he must be made a D, unless the court orders otherwise.

  • BUT: This rule does not apply in probate proceedings.

CPR r 19.3

The procedure for adding and substituting parties

  • Court’s permission is always required to remove/add/substitute a party unless the claim form has not been served. Application for permission may be made by existing party/prospective party.

  • CPR r 19.2(4) - Substitution of new party where existing party’s interest or liability has passed: May be without notice + Must be supported by evidence (showing the stage of the proceedings have reached and what change has occurred to cause the transfer of interest/liability).

  • Nobody may be added/substituted as a claimant unless they give consent in writing + Consent is filed with court.

  • Commissioners for HMRC may be added as party only by written consent.

  • An order for removal/addition/substitution of a party must be served on all parties to the proceedings and any other person affected by the order.

  • When the court makes an order for the removal/addition/substitution of a party, it may give consequential directions (e.g. filing and serving the claim form on any new D; serving relevant docs on the new party; the management of proceedings).

CPR r 19.4

Special provisions about adding or substituting parties after the end of a relevant limitation period

  • Generally, the...

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