ADAM RAWET and Others v DAIMLER AG

ADAM RAWET and Others v DAIMLER AG

CPR 17.1(1) permits an existing party to amend a claim form to add additional claimants prior to service without leave of the court, 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 to the claim form prior to service.

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 Forms, Addition of Claimants, Civil Procedure Rules (cpr) 17.1 and 19.4, Group Litigation
Civil Procedure Amendment of Claim Forms Addition of Claimants Civil Procedure Rules (cpr) 17.1 and 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 of Claim Form

Legal Issues

  1. 1 Whether CPR 17.1(1) permits the addition of claimants to a claim form prior to service without leave
  2. 2 Whether CPR 19.4(4) requires written consent for addition of claimants pre-service

Ratio Decidendi

CPR 17.1(1) permits an existing party to amend a claim form to add additional claimants prior to service without leave of the court, 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 to the claim form 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.