Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
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PART 17

AMENDMENTS TO STATEMENTS OF CASE




Contents of this Part
Amendments to statements of case Rule 17.1
Power of court to disallow amendments made without permission Rule 17.2
Amendments to statements of case with the permission of the court Rule 17.3
Amendments to statements of case after the end of a relevant limitation period Rule 17.4

Amendments to statements of case
     17.1  - (1) A party may amend his statement of case 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.

(Part 19 also applies where the amendment relates to the addition, substitution or removal of a party)

(Part 22 requires amendments to a statement of case to be verified by a statement of truth unless the court orders otherwise)

Power of court to disallow amendments made without permission
    
17.2  - (1) If a party has amended his statement of case where permission of the court was not required, the court may disallow the amendment.

    (2) A party may apply to the court for an order under paragraph (1) within 14 days of service of a copy of the amended statement of case on him.

Amendments to statements of case with the permission of the court
    
17.3  - (1) Where the court gives permission for a party to amend his statement of case, it may give directions as to - 

    (2) The power of the court to give permission under this rule is subject to - 

Amendments to statements of case after the end of a relevant limitation period
    
17.4  - (1) This rule applies where - 

    (2) The court may allow an amendment whose effect will be to add or substitute a new claim, but only if the new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings.

    (3) The court may allow an amendment to correct a mistake as to the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question.

    (4) The court may allow an amendment to alter the capacity in which a party claims if the new capacity is one which that party had when the proceedings started or has since acquired.

(Rule 19.4 specifies the circumstances in which the court may allow a new party to be added or substituted after the end of a relevant limitation period(GL))



PART 18

FURTHER INFORMATION




Contents of this Part
Obtaining further information Rule 18.1
Restriction on the use of further information Rule 18.2

Obtaining further information
     18.1  - (1) The court may at any time order a party to - 

    (a) clarify any matter which is in dispute in the proceedings; or

    (b) give additional information in relation to any such matter,

whether or not the matter is contained or referred to in a statement of case.

    (2) Paragraph (1) is subject to any rule of law to the contrary.

    (3) Where the court makes an order under paragraph (1), the party against whom it is made must - 

    (a) file his response; and

    (b) serve it on the other parties,

within the time specified by the court.

(Part 22 requires a response to be verified by a statement of truth)

Restriction on the use of further information
    
18.2 The court may direct that information provided by a party to another party (whether given voluntarily or following an order made under rule 18.1) must not be used for any purpose except for that of the proceedings in which it is given.



PART 19

ADDITION AND SUBSTITUTION OF PARTIES




Contents of this Part
Change of parties - general Rule 19.1
Provisions applicable where two or more persons are jointly entitled to a remedy Rule 19.2
Procedure for adding and substituting parties Rule 19.3
Special provisions about adding or substituting parties after the end of a relevant limitation period Rule 19.4

Change of parties - general
    
19.1  - (1) This rule applies where a party is to be added or substituted except where the case falls within rule 19.4 (special provisions about changing parties after the end of a relevant limitation period(GL)).

    (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.

    (3) 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.

    (4) The court may order a new party to be substituted for an existing one if - 

    (a) the existing party's interest or liability has passed to the new party; and

    (b) it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.

Provisions applicable where two or more persons are jointly entitled to a remedy
    
19.2  - (1) 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.

    (2) If any person does not agree to be a claimant, he must be made a defendant, unless the court orders otherwise.

    (3) This rule does not apply in probate proceedings.

Procedure for adding and substituting parties
    
19.3  - (1) An application for permission to remove, add or substitute a party may be made by - 

    (2) An application for an order under rule 19.1(4) (substitution of new party where existing party's interest or liability has passed) - 

    (3) Nobody may be added or substituted as a claimant unless - 

    (4) An order for the removal, addition or substitution of a party must be served on - 

    (5) When the court makes an order for the removal, addition or substitution of a party, it may give consequential directions about - 

Special provisions about adding or substituting parties after the end of a relevant limitation period
    
19.4  - (1) This rule applies to a change of parties after the end of a period of limitation under - 

    (a) the Limitation Act 1980[23];

    (b) the Foreign Limitation Periods Act 1984[24];

    (c) section 190 of the Merchant Shipping Act 1995[25]; or

    (d) any other statutory provision.

    (2) The court may add or substitute a party only if - 

    (a) the relevant limitation period(GL) was current when the proceedings were started; and

    (b) the addition or substitution is necessary.

    (3) The addition or substitution of a party is necessary only if the court is satisfied that - 

    (a) the new party is to be substituted for a party who was named in the claim form in mistake for the new party;

    (b) 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

    (c) the original party has died or had a bankruptcy order made against him and his interest or liability has passed to the new party.

    (4) In addition, in a claim for personal injuries the court may add or substitute a party where it directs that - 

    (a)

      (i) section 11 (special time limit for claims for personal injuries); or

      (ii) 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

    (b) the issue of whether those sections apply shall be determined at trial.

(Rule 17.4 deals with other changes after the end of a relevant limitation period(GL))



PART 20

COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS




Contents of this Part
Purpose of Part 20 Rule 20.1
Meaning of "Part 20 claim" Rule 20.2
Part 20 claim to be treated as a claim for the purposes of the Rules Rule 20.3
Defendant's counterclaim against the claimant Rule 20.4
Counterclaim against a person other than the claimant Rule 20.5
Defendant's claim for contribution or indemnity from co-defendant Rule 20.6
Procedure for making any other Part 20 claim Rule 20.7
Service of a Part 20 claim form Rule 20.8
Matters relevant to question of whether a Part 20 claim should be separate from main claim Rule 20.9
Effect of service of a Part 20 claim Rule 20.10
Special provisions relating to default judgment on a Part 20 claim other than a counterclaim or a contribution or indemnity notice Rule 20.11
Procedural steps on service of a Part 20 claim form on a non-party Rule 20.12
Case management where there is a defence to a Part 20 claim form Rule 20.13

Purpose of Part 20
     20.1 The purpose of Part 20 is to enable Part 20 claims to be managed in the most convenient and effective manner.

Meaning of "Part 20 claim"
    
20.2  - (1) A Part 20 claim is any claim other than a claim by a claimant against a defendant and includes - 

    (a) a counterclaim by a defendant against the claimant or against the claimant and some other person;

    (b) a claim by a defendant against any person (whether or not already a party) for contribution (GL) or indemnity (GL) or some other remedy; and

    (c) where a Part 20 claim has been made against a person who is not already a party, any claim made by that person against any other person (whether or not already a party).

    (2) In this Part "Part 20 claimant" means a person who makes a Part 20 claim.

Part 20 claim to be treated as a claim for the purposes of the Rules
    
20.3  - (1) A Part 20 claim shall be treated as if it were a claim for the purposes of these Rules, except as provided by this Part.

    (2) The following rules do not apply to Part 20 claims - 

    (3) The following rules do not apply to Part 20 claims except where the Part 20 claim is a counterclaim - 

(Rule 20.11 makes special provision for default judgment on a Part 20 claim)

Defendant's counterclaim against the claimant
    
20.4  - (1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

    (2) A defendant may make a counterclaim against a claimant - 

(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3)

    (3) Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

Counterclaim against a person other than the claimant
    
20.5  - (1) A defendant who wishes to counterclaim against a person other than the claimant must apply to the court for an order that that person be added as defendant to the counterclaim.

    (2) An application for an order under paragraph (1) may be made without notice unless the court directs otherwise.

    (3) Where the court makes an order under paragraph (1), it will give directions as to the management of the case.

Defendant's claim for contribution or indemnity from co-defendant
    
20.6 A defendant who has filed an acknowledgment of service or a defence may make a Part 20 claim for contribution(GL) or indemnity(GL) against another defendant by - 

Procedure for making any other Part 20 claim
    
20.7  - (1) This rule applies to any Part 20 claim except - 

    (2) A Part 20 claim is made when the court issues a Part 20 claim form.

    (3) A defendant may make a Part 20 claim - 

(Rule 15.4 sets out the period for filing a defence)

    (4) Particulars of a Part 20 claim must be contained in or served with the Part 20 claim form.

    (5) An application for permission to make a Part 20 claim may be made without notice, unless the court directs otherwise.

Service of a Part 20 claim form
    
20.8  - (1) Where a Part 20 claim may be made without the court's permission, the Part 20 claim form must - 

    (2) Paragraph (1) does not apply to a claim for contribution(GL) or indemnity(GL) made in accordance with rule 20.6.

    (3) Where the court gives permission to make a Part 20 claim it will at the same time give directions as to the service of the Part 20 claim.

Matters relevant to question of whether a Part 20 claim should be separate from main claim
    
20.9  - (1) This rule applies where the court is considering whether to - 

(Rule 3.1(2)(e) and (j) deal respectively with the court's power to order that part of proceedings be dealt with as separate proceedings and to decide the order in which issues are to be tried)

    (2) The matters to which the court may have regard include - 

Effect of service of a Part 20 claim
    
20.10  - (1) A person on whom a Part 20 claim is served becomes a party to the proceedings if he is not a party already.

    (2) When a Part 20 claim is served on an existing party for the purpose of requiring the court to decide a question against that party in a further capacity, that party also becomes a party in the further capacity specified in the Part 20 claim.

Special provisions relating to default judgment on a Part 20 claim other than a counterclaim or a contribution or indemnity notice
    
20.11  - (1) This rule applies if - 

    (2) The party against whom the Part 20 claim is made - 

    (3) A Part 20 claimant may not enter judgment under paragraph (2)(b) without the court's permission if - 

    (4) An application for the court's permission under paragraph (3) may be made without notice unless the court directs otherwise.

    (5) The court may at any time set aside(GL) or vary a judgment entered under paragraph (2)(b).

Procedural steps on service of a Part 20 claim form on a non-party
    
20.12  - (1) Where a Part 20 claim form is served on a person who is not already a party it must be accompanied by - 

    (2) A copy of the Part 20 claim form must be served on every existing party.

Case management where there is a defence to a Part 20 claim form
    
20.13  - (1) Where a defence is filed to a Part 20 claim the court must consider the future conduct of the proceedings and give appropriate directions.

    (2) In giving directions under paragraph (1) the court must ensure that, so far as practicable, the Part 20 claim and the main claim are managed together.






Notes


[20] 1980 c.58.back

[21] 1984 c.16.back

[22] 1995 c.21.back

[23] 1980 c.58.back

[24] 1984 c.16.back

[25] 1995 c.21.back



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