Magistrates' Court General Civil Procedure Rules 2020

If an order is made under Rule 9.06 or 9.08—

the complaint filed in the Court must, subject to Rule 27.02(5), be amended accordingly within the time specified in the order, and otherwise within 10 days after the making of the order; and

a reference to the order, the date of the order and the date on which the amendment is made must be indorsed upon the complaint or the other originating process.

The filing of a copy of the complaint or originating process amended and indorsed as required by paragraph (1) is sufficient compliance with that paragraph.

If an order is made under Rule 9.06 or 9.08 adding or substituting a person as defendant—

the proceeding against the new defendant commences upon the amendment of the filed complaint in accordance with paragraph (1) or (2); and

the plaintiff must serve the amended complaint on that defendant within such time as the Court directs, and, unless the Court otherwise orders, it must be served personally; and

unless otherwise ordered, if the new defendant is an added defendant, the proceeding is to be continued as if the new defendant were an original defendant, and if the new defendant is a substituted defendant, all things done in the course of the proceeding before it was commenced against the new defendant are to have effect in relation to the new defendant as they had in relation to the old defendant, except that the filing of a defence by the old defendant does not dispense with the filing of a defence by the new.