Question 1

Why might a party need to amend their statement of case?

Accepted Answer

A party might need to amend a statement of case as a knock on consequence of having added a party or claim, or because of an error, or due to change in their knowledge of a case.

Question 2

Do amendments to a statement of case need to be verified?

Accepted Answer

Yes, they must be verified by a statement of truth unless the court orders otherwise.

Question 3

Who bears the cost arising from the amendment?

Accepted Answer

A party applying for an amendment will usually be responsible for the costs of and arising from the amendment. Additionally, on giving an order to substitute or add a party the court generally makes an order for costs against the party seeking the change.

Question 4

In relation to general amendments, is it possible to amend a statement of case without permission of the court or consent?

Accepted Answer

Yes, a party may amend a statement of case, including removing, adding or substituting a party, at any time before it is served. However, the court retains the power to disallow such amendments.

Question 5

Can a general amendment be made at any time with written consent of all parties?

Accepted Answer

Any statement of case can be amended at any time with the written consent of all parties. When an amended statement of case is filed without the need for the permission of the court, it should be endorsed with the words: “Amended [particulars of claim/defence (or as may be)] under CPR [Rule 17.1(1) or 17.1(2)(a)] dated […]”. However, the court does retain the power to disallow such amendments.

Question 6

When will the court's permission be needed to make a general amendment?

Accepted Answer

When a statement of case has been served and written consent has not been given from all the parties, a party will need to apply to the court for permission to make an amendment.

Question 7

If court permission is necessary to make a general amendment, what must the applicant do?

Accepted Answer

Party seeking the amendment should file an application notice with the court, together with a copy of the proposed amended statement of case.

Question 8

When will the court deal with an application to make a general amendment to a statement of case?

Accepted Answer

The application can be dealt with at a hearing, or, where all parties consent, without a hearing on written submissions.

Question 9

If court permission is given to make a general amendment, when must service be effected?

Accepted Answer

If permission to amend is given, the court will usually give directions as to any consequential amendments and the service of any amended statements of case. In any event, the amended statement of case should usually be filed by the applicant within 14 days of the date of the order granting amendment unless the court orders otherwise. A copy of the amended statement of case and the order should also be served on every party to the proceedings.

Question 10

When will an application for permission to amend a defence be refused?

Accepted Answer

An application for permission to amend a defence will be refused if it is clear that the proposed amendment has no prospect of success. The court may reject an amendment seeking to raise a version of the facts of the case which is inherently implausible, self-contradictory or is not supported by contemporaneous documentation. A party will also not be permitted to raise by amendment an allegation which is unsupported by any evidence and is therefore pure speculation or invention.

Question 11

How does the court view late amendments in relation to application for a general amendment?

Accepted Answer

An applicant seeking permission for late amendments will need to work very hard to convince the court that permission should be given, providing a good explanation as to why they did not apply earlier and must show the strength of the new case and why justice to them, their opponent and other court users requires them to be able to amend. Less likely where need for amendment does not result from some late disclosure or new evidence.

Question 12

What will the court consider when deciding whether to give permission to make a general amendment?

Accepted Answer

It is recognised that the general principle is that the court is required to give effect to the overriding objective of dealing with cases justly and at proportionate cost. The decision will always involve the court seeking to find a balance between injustice to the applicant if the amendment is refused, and injustice to the opposing party and other litigants in general, if the amendment is permitted.

Question 13

Is it possible to amend a statement of case relating to removing, adding or substituting a party without the permission of the court?

Accepted Answer

The claimant can remove, add or substitute a party without permission so long as the claim form has not been served.

Question 14

When will court permission be necessary to amend a statement of case relating to removing, adding or substituting a party?

Accepted Answer

The claimant will require the court’s permission to remove, add or substitute a party if the claim form has already been served.

Question 15

When will the court give permission to amend a statement of case that amends, removes, adds or substitutes a party?

Accepted Answer

The main test to be satisfied when seeking to add, remove or substitute a party is that the amendment is ‘desirable’. In considering this test the court will have in mind the policy objective of enabling parties to be heard if their rights may be affected by a decision in the case, and the overriding objective.

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Amended statements of cases and changing parties Flashcards

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