UNIFORM CIVIL PROCEDURE RULES 1999 - REG 92 Amendment as to parties

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 92

92 Amendment as to parties

(1) This rule applies if—

(a) a proceeding is brought against a person in relation to a business carried on by the person under a name other than the person’s own name; and

(b) the name is not registered on the Business Names Register.

(2) The plaintiff or applicant must, as soon as practicable, take all reasonable steps to find out the name of the persons carrying on the business under the name in question.

(3) The plaintiff or applicant must also, as far as practicable, make amendments so the proceeding is continued against a named defendant or respondent and not in the name under which the business was carried on.

(4) Other than for service of the originating process and for complying with this rule, until the amendments are made, the plaintiff or applicant may only take a step in the proceeding with the court’s leave.

(5) An amendment for this rule must be effected under rules 382 and 384 .

(6) This rule applies in addition to chapter 10 , part 3 .