An application was made to substitute one defendant in an action for an existing one. Under the old rules, the applicant would have to have shown both that the substitution arose from a genuine mistake and also that the new defendant had not been prejudiced. The new rules stated no such requirements, but the court held that it could not be imagined that such a requirement was not intended under the new rules.
Citations:
Times 25-Jan-2000
Statutes:
Civil Procedure Rules Part 19.4
Litigation Practice
Updated: 08 April 2022; Ref: scu.82403
