chapter  13
2 Pages

ADDING OR SUBSTITUTING A PARTY

Adding or substituting a party can sometimes cause problems where the limitation period has expired. An order can only be obtained if the limitation period was current when the proceedings were ‘started’ and the substitution or addition ‘is necessary’ on the court being satisfied that the party previously named was by mistake for the new correct party, and unless the new party is added or substituted the claim cannot properly be carried on by, or against the original party; or where the original party has died or had a bankruptcy order made against him.