Section 19.4

The court’s permission is required to remove, add or substitute a party, unless the claim form has not been served. An application for permission under paragraph (1)— may be made by— an existing party; or a person who wishes to become a party; and must be— supported by evidence; and made under Part 23. An application for an order under rule 19.2(4) ...— may be made without notice; and must be supported by evidence. Nobody may be added or substituted as a claimant unless— they have given their consent in writing; and that consent, and the proposed amended claim form and particulars of claim, have been filed with the court. If an order is made adding or substituting a person as a claimant prior to the filing of their consent— shall not take effect until the signed, written consent of the new claimant is filed. the order; and the addition or substitution of the new party as claimant, The Commissioners for HM Revenue and Customs may, where a dispute between other parties may have tax consequences, be added as party to proceedings if they consent in writing. 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. When the court makes an order for the removal, addition or substitution of a party, it may give consequential directions. A new defendant does not become a party to the proceedings until the amended claim form has been served on them. A party applying to add a new party by amendment shall be responsible for the costs of and arising from the amendment unless the court decides otherwise. The court may remove, add or substitute parties in existing proceedings on its own initiative.

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Source: legislation.gov.uk · retrieved 2026-08-15