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Amendment

C wishes to amend a statement of case and the parties consent to the amendment. If consent is given, no permission is needed. If not, C must make an application including supporting evidence and the proposed amendment. The court will consider timing, merits, public interest, and case management in deciding whether to grant permission. Objections can be made if an amendment was made without permission. Amendments affecting limitation rights or causes of action may not be allowed after the relevant period expires, with some exceptions. Amendments to parties after limitation expires are usually not permitted, with exceptions for assignment of interest, correcting mistakes, or personal injury cases.

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Zayan Khan
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37 views1 page

Amendment

C wishes to amend a statement of case and the parties consent to the amendment. If consent is given, no permission is needed. If not, C must make an application including supporting evidence and the proposed amendment. The court will consider timing, merits, public interest, and case management in deciding whether to grant permission. Objections can be made if an amendment was made without permission. Amendments affecting limitation rights or causes of action may not be allowed after the relevant period expires, with some exceptions. Amendments to parties after limitation expires are usually not permitted, with exceptions for assignment of interest, correcting mistakes, or personal injury cases.

Uploaded by

Zayan Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Claimant (‘C’) wishes to amend a statement of case...

Parties consent to the amendment


If the parties consent to the
Statements of case include claim forms, particulars of claim amendment, no permission is needed
(‘POC’), the defence, reply, additional claims under Part 20 or to amend.
any further information given in relation to them.
YES

Has the statement of Do the parties consent


Has the claim form NO YES
case been served on to the amendment?
been served? the other parties?
YES NO
NO
Amendment with permission
Amendment without permission Does the amendment An application must be issued, which should include:
C can amend without permission. involve removing, (a) supporting evidence
adding or substituting a (b) the proposed amended statement of case.
Such amendments may include party? The application may be dealt with in a hearing or
adding/removing/substituting parties without a hearing if all the parties agree.
or deleting paragraphs of text.
NO YES
The court will apply the principles of r1.1 to decide
Therefore, C has the 4months whether permission should be granted.
between issue and service to amend
Factors the court will consider:
the claim form. However, C only has
(i) Timing of the application;
14 days to amend the POC.
(ii) Merits of the amended case;
(iii) Public interest (what the consequences of the
amendment will be on disclosure and witness
Objections to amendments statements)
Opposing parties can object to (iv) Case management (will the amendment enlarge the
amendments made without litigation without much benefit?).
permission under r17.2.
Addition or substitution of parties
Test: Would the amendment have The test is whether the amendment is ‘desirable’.
been allowed has permission been
required? If not, the amendment
would be disallowed.

Amendment affecting accrued Amendment to cause of action Amendment of parties after limitation has
limitation rights after expiry of limitation expired
Where the amendment would Such amendment will usually not Any amendment made to the parties is
be allowed, unless: considered as having been made at the
transfer the responsibility of the
 Personal injury cases - the original commencement of proceedings, and
claim onto another party who
limitation period has been therefore limitation has no effect. For this
cannot be sued due to limitation disapplied; reason such amendments are usually not
having expired, the amendment  The cause of action is an allowed.
will generally not be permitted. original set-off or
counterclaim; or Exceptions:
However, it may be allowed if  The new cause of action  Assignment or transmission of interest -
arises out of the same or the current party’s interest or liability has
the timing of the amendment is
substantially the same facts. been passed to the new party, so it is
not the fault of the party wishing ‘desirable’ to allow the change.
to amend.  Correcting a genuine mistake - C simply
made a mistake with the name of the
Costs party. The mistake must be the name
The party wishing to amend rather than the identity, and no injustice
will usually pay the other must have been caused by the mistake.
side’s costs that result from  Personal injury cases - where an
the application to amend and application under s33 Limitation Act 1980
was or would be allowed.
the amendment.

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