Q&As

How do I substitute a deceased defendant with his executor in civil proceedings after the limitation period has expired? Do I require the court’s permission?

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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Published on: 13 May 2015
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Addition and Substitution of parties—Part 19 of the Civil Procedure Rules 1998 (CPR)

Under CPR 19.4(1), the court's permission is required to remove, add or substitute a party, unless the claim form has not been served. In this case, where you say the claim was issued and served in time, permission is therefore required.

In cases where the Limitation period has ended, CPR 19.5 applies and the provisions set out in CPR 19.2 do not apply. Assuming your case falls within CPR 19.5(1), the court may add or substitute a party after the expiry of any relevant limitation period if:

  1. •

    the claim was brought within the limitation period, and

  2. •

    it is necessary to add or substitute the party

One of the circumstances in which the court will consider a substitution to be necessary

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Jurisdiction(s):
United Kingdom
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Key definition:
Defendant definition
What does Defendant mean?

A person against whom a claim is brought.

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