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 the addition of claimants to a claim form prior to service without the need for court permission or written consent under CPR 19.4(4), which applies only post-service. The restrictive interpretation in G4S is rejected as inconsistent with the structure of the CPR and the Overriding Objective.

Citation
[2022] EWHC 235
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 of Claim Form
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

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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 of Claim Form

Legal Issues

  1. 1 Whether additional claimants can be added to proceedings prior to service of the claim form under CPR 17.1(1) without court permission or written consent under CPR 19.4(4)
  2. 2 Whether CPR 19.4(4) applies to pre-service amendments adding claimants

Ratio Decidendi

CPR 17.1(1) permits the addition of claimants to a claim form prior to service without the need for court permission or written consent under CPR 19.4(4), which applies only post-service. The restrictive interpretation in G4S is rejected as inconsistent with the structure of the CPR and the Overriding Objective.

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.