Rawet & Ors v Daimler AG & Ors [2022] EWHC 235 (QB) (10 February 2022)

Rawet & Ors v Daimler AG & Ors [2022] EWHC 235 (QB) (10 February 2022)

CPR 17.1(1) permits amendment of a claim form to add claimants prior to service without court permission or written consent of other parties, and CPR 19.4(4) does not apply to pre-service amendments; therefore, Mr Kocegarovs and Mr Mussajlbal were properly added as claimants by amendment prior to service.

Citation
[2022] EWHC 235 (QB)
Parties
Claimant: Adam Rawet and Others; Defendant: Daimler AG; Defendant: Mercedes Benz Financial Services UK Limited; Defendant: Mercedes-Benz AG
Jurisdiction
England and Wales
Judgment Date
10 February 2022
Procedural Posture
Civil / Application for Declaratory Relief Prior to Service
Outcome
Declaration granted
Legal Topics
Amendment of Claim Form, Addition of Claimants, CPR 17.1, CPR 19.4, Group Litigation
Civil Procedure Amendment of Claim Form Addition of Claimants CPR 17.1 CPR 19.4 Group Litigation

Case Brief

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Parties

Adam Rawet and Others

Claimant

Daimler AG

Defendant

Mercedes Benz Financial Services UK Limited

Defendant

Mercedes-Benz AG

Defendant

Procedural Posture

Civil / Application for Declaratory Relief Prior to Service

Legal Issues

  1. 1 Whether CPR 17.1(1) permits amendment of a claim form to add claimants prior to service without court permission or written consent of other parties
  2. 2 Whether CPR 19.4(4) requires written consent of added claimants to be filed pre-service

Ratio Decidendi

CPR 17.1(1) permits amendment of a claim form to add claimants prior to service without court permission or written consent of other parties, and CPR 19.4(4) does not apply to pre-service amendments; therefore, Mr Kocegarovs and Mr Mussajlbal were properly added as claimants by amendment prior to service.

Court Disposition

Declaration granted

Orders

  • Declaration that Mr Kocegarovs and Mr Mussajlbal were properly added as claimants to these proceedings pursuant to CPR 17.1(1) by amendment to the claim form effected on 22 September 2021.