Adding Parties To A Claim: Pre- And Post- Service Regimes

• Published date: 25 May 2022
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: Gatehouse Chambers
• Author: Mr Ryan Hocking and Amy Held

Background

This case concerned an application for a declaration that two individuals were properly added as Claimants to the underlying proceedings pursuant to CPR 17.1(1) by an amendment to a claim form: (i) without the written consent of the other parties and without permission of the Court as provided by CPR 17.1(2), and (ii) without also those individuals being required by CPR 19.4(4) to give written consent to their being added as claimants to the proceedings.

The application arose in one of what is anticipated as many claims against the Defendants, companies in the Daimler Group which manufacture and sell Mercedes vehicles in the UK and elsewhere, in respect of emissions from Mercedes diesel vehicles of models that had been the subject of mandatory recall by Germany's Federal Motor Transport Authority or voluntary service measures initiated by the Daimler Group.

In around June 2020, various law firms began receiving instructions from clients in relation to the claims. A steering committee for proposed group litigation was formed, with whom the Defendants agreed a general extension of time for service of claim forms. The only exception was a claim form served for the purpose of facilitating the making and determination of an application for the declaration sought in the present case, and stayed thereafter for all purposes until 15 October 2021. Accordingly and for these purposes, the claim form that was the subject of the present application was served on 12 October 2021, after having been effected on 22 September 2021.

The Law and the Submissions

CPR 17.1(1)-(3) provides:

(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.

(3) If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with rule 19.4.

CPR 19.4(1)-(2) and (4) provides:

(1) The court's permission is required to remove, add or substitute a party, unless the claim form has not been served.

(2) An application for permission under paragraph (1) may be made by -

(a) an existing party; or

(b) a person who wishes to become a party.

[...]

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

(a) he has given his consent in writing; and

(b) that consent has been filed with the court.

In Various Claimants v G4S Plc [2021] EWHC 524 (Ch), Mann J decided:

1. CPR 17.1 does not permit amendment of a claim form to add other claimants to the proceedings between the issue and service of the claim form since CPR 17.1(1) is available only to an existing claimant; and
2. In any event, CPR 19.4(4) is not satisfied merely by completion of a statement of truth on an amended claim form signed by the solicitor...