Adding Parties To A Claim: Pre- And Post- Service Regimes

Background

This case concerned an application for a declaration that two individuals were properly added as Claimants to the underlying proceedings pursuant to CPR 17.1(1) by an amendment to a claim form: (i) without the written consent of the other parties and without permission of the Court as provided by CPR 17.1(2), and (ii) without also those individuals being required by CPR 19.4(4) to give written consent to their being added as claimants to the proceedings.

The application arose in one of what is anticipated as many claims against the Defendants, companies in the Daimler Group which manufacture and sell Mercedes vehicles in the UK and elsewhere, in respect of emissions from Mercedes diesel vehicles of models that had been the subject of mandatory recall by Germany's Federal Motor Transport Authority or voluntary service measures initiated by the Daimler Group.