Section 19.6

This rule applies to a change of parties after the end of a period of limitation under— the Limitation Act 1980; the Foreign Limitation Periods Act 1984; or any other enactment which allows such a change, or under which such a change is allowed. 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. 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 them and their interest or liability has passed to the new party. 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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Source: legislation.gov.uk · retrieved 2026-08-15