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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 June 2020 at 06:16)
Division 6 Removal of parties
6.29 Removal of parties by order
(cf SCR Part 8, rule 9; DCR Part 7, rule 9; LCR Part 6, rule 9)
The court may order that a person—(a) who has been improperly or unnecessarily joined, orbe removed as a party.(b) who has ceased to be a proper or necessary party,
6.30 Effect of certain changes on proceedings
(cf SCR Part 8, rule 10; DCR Part 7, rule 10; LCR Part 6, rule 10)
(1) Proceedings do not abate as a result of a party’s death or bankruptcy if a cause of action in the proceedings survives.(2) If a cause of action survives, and the interest or liability of a party to any proceedings passes from the party to some other person, the court may make such orders as it thinks fit for the joinder, removal or re-arrangement of parties.(3) Without limiting subrule (2), if a party to an application under section 20 of the Property (Relationships) Act 1984 dies, the court may order the substitution of the legal representative, as mentioned in section 24(1) of that Act, as a party to the application.
6.31 Court may dismiss proceedings not prosecuted following death of party
(cf SCR Part 8, rule 12; DCR Part 7, rule 12; LCR Part 6, rule 12)
(1) This rule applies to any proceedings in which—(a) a party dies, but a cause of action in the proceedings survives his or her death, and(b) an order for the joinder of a party to replace the deceased party is not made within 3 months after the death.(2) The court may order that, unless an application to join a party to replace the deceased party is made within a specified time, the proceedings in relation to the cause of action concerned be dismissed.(3) An application for such an order may be made by any person to whom the deceased party’s liability in relation to the cause of action concerned has passed (whether or not a party to the proceedings).(4) On making an order under this rule, the court may give such directions as it thinks fit for service of the order on any person (whether or not a party to the proceedings) who is interested in continuing the proceedings.