Adding and substituting parties

CPR 19.4 states the following with regards to adding and substituting parties once a claim has begun:

(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.

(3) An application for an order under rule 19.2(4) (substitution of a new party where existing party’s interest or liability has passed) –

(a) may be made without notice; and

(b) must be supported by evidence.

(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.

This means that an application must be made to add or substitute a party. No party can be added as a claimant unless they consent in writing. This makes sense of course – it would be strange if someone could add someone as a Claimant unless that person actually wanted to litigate.