Part 3
Commencing Proceedings
March 2001
19.14 Commencing proceedings under the CPR
(Amended December 2010)
Under the CPR the majority of claims are begun under Part 7 which sets out the procedure for commencing proceedings . A claimant starts proceedings by issuing and serving a claim form [Note 1] [Note 2]. Part 8 introduces an alternative procedure for claims. It is intended to provide a speedy resolution of claims which are unlikely to involve a substantial dispute of fact [Note 3], e.g. orders enforcing a statutory right such as to have access to medical records, or applies where a rule or practice direction require or allow a Part 8 procedure [Note 4].
Petitions are only used to commence proceedings where legislation expressly authorises or requires it. Examples of proceedings where petitions are used include winding up [Note 5], bankruptcy [Note 6] and divorce cases [Note 7]. They are governed by separate procedural codes laid down in the Insolvency Rules 1986 and the Family Proceedings Rules 1991 respectively.
(Amended December 2010)
Applications to the court in insolvency proceedings with the exception of an application for an administration order and petitions for a winding-up order or bankruptcy order are made under the procedures laid down in the Insolvency Rules 1986, Part 7 [Note 8].
The person issuing proceedings is known as the claimant and the person against whom the claim is made is the defendant [Note 9].
Parties in the case of a winding-up or bankruptcy petition are known as the petitioner and respondent, but in other insolvency proceedings as the applicant and the respondent respectively [Note 10].
In winding up and bankruptcy, references to ‘the petitioner’ or ‘the petitioning creditor’ include any person who has been substituted as such or has been given carriage of the petition [Note 11].
19.19 Addition or substitution of parties
(Amended December 2010)
Any number of claimants (or defendants) may be joined as parties to a claim (or proceedings) [Note 12]. The court may at any time add as a party to the proceedings any person who ought to have been a party, so that it can resolve all the matters in dispute. The court may also order the removal or substitution of any party to the proceedings who has been improperly or unnecessarily joined [Note 13].
The court's permission is required to remove, add or substitute a party unless the claim form has not been served [Note 14].
The court is always willing to permit the correction of a mistake as to parties so long as it is genuine and no injustice is caused as a result [Note 15].
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