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Editorial: Civil Procedure Wish List - Aidan Ellis, Temple Garden Chambers

29/06/17. If you could change any of the Civil Procedure Rules, which ones would you amend (or remove altogether)? I’m sure many readers will have their own suggestions for relatively minor tweaks which could enhance the clarity or fairness of the Rules. Here are two of my suggestions, prompted by situations that arise relatively frequently in civil litigation.

First, it has always struck me as odd that where a Claimant applies to add a new defendant or substitute a new defendant for the existing defendant pursuant to CPR 19.4 or 19.5, the rules do not require the proposed defendant to be given notice of the hearing or to be given the chance to make representations (of course some litigants / court sensibly do this anyway). Formally, the proposed defendant is not a party to proceedings until...

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