Limitation of Actions Consultation - Law Commission

actions under Order 15, rule 1(2) of the County Court Rules). Order 15, rule 6 is
relevant where there is an application to add or substitute a new party to the
action. Order 20, rule 5 applies where the plaintiff wishes to amend the writ, or
In this paragraph “any relevant period of limitation” means a time limit under the
Limitation Act 1980 or a time limit which applies to the proceedings in question by virtue
of the Foreign Limitation Periods Act 1984.
Rule 6(6) Except in a case to which the law of another country relating to limitation
applies, and the law of England and Wales does not so apply, the addition or substitution of
a new party shall be treated as necessary for the purposes of paragraph (5)(a) if, and only if,
the Court is satisfied that -
83 Rule 5(1)
(a) the new party is a necessary party to the action in that property is vested in him at
law or in equity and the plaintiff’s claim in respect of an equitable interest in that
property is liable to be defeated unless the new party is joined, or
(b) the relevant cause of action is vested in the new party and the plaintiff jointly but not
severally, or
(c) the new party is the Attorney General and the proceedings should have been brought
by relator proceedings in his name, or
(d) the new party is a company in which the plaintiff is a shareholder and on whose
behalf the plaintiff is suing to enforce a right vested in the company, or
(e) the new party is sued jointly with the defendant and is not also liable severally with
him and failure to join the new party might render the claim unenforceable.
Subject to O 15, rr 6, 7, and 8 and the following provisions of this rule, the Court may at
any stage of the proceedings allow the plaintiff to amend his writ, or any party to amend
his pleading, on such terms as to costs or otherwise as may be just and in such manner
(if any) as it may direct.
Rule 5(2)
Where an application to the Court for leave to make the amendment mentioned in
paragraph (3), (4) or (5) is made after any relevant period of limitation current at the
date of issue of the writ has expired, the Court may nevertheless grant such leave in the
circumstances mentioned in that paragraph if it thinks it just to do so.
In this paragraph “any relevant period of limitation” includes a time limit which applies
to the proceedings in question by virtue of the Foreign Limitation Periods Act 1984.
Rule 5(3)
An amendment to correct the name of a party may be allowed under paragraph (2)
notwithstanding that is it alleged that the effect of the amendment will be to substitute a
new party if the Court is satisfied that the mistake sought to be corrected was a genuine
mistake and was not misleading or such as to cause any reasonable doubt as to the
identity of the party intending to sue or, as the case may be, intended to be sued.
Rule 5(4)
An amendment to alter the capacity in which a party sues may be allowed under
paragraph (2) if the new capacity is one which that party had at the date of the
commencement of the proceedings or has since acquired.
Rule 5(5)
An amendment may be allowed under paragraph (2) notwithstanding that the effect of
the amendment will be to add or substitute a new cause of action if the new cause of
action arises out of the same facts or substantially the same facts as a cause of action in
respect of which relief has already been claimed in the action by the party applying for
leave to make the amendment.
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