Amending Statements of Case Flashcards
When is the court’s permission required to amend the statements of case?
Unless the claim form has not been served yet, permission is always required. Otherwise, can amend with written consent of all parties or with permission from the court.
Late amendments may only be allowed if applicant provides good reason for delay + strength of new case + justice of all parties requires amendment (Swain-Mason v Mills & Reeve).
When may the court add parties to a claim? (CPR 19)
WHERE IT IS DESIRABLE TO:
(a) Resolve all the matters in dispute;
(b) resolve an issue involving the new party and an existing party etc.
(c) Desirable to substitute where the existing party’s interest or liability has passed to another.
No-one may be added as a claimant without consent, must consent + if not will be added as a defendant.
What is the general rule for amendments post-expiry of the limitation period (s.35 LA 1980)?
Amendments post-limitation are generally not allowed unless certain conditions are met.
Under what conditions can a new cause of action be added to the SOC post-limitation?
- Court directs that limitation period does not apply in PI claim (s.33 1980 Act);
- New cause of action is an original set-off or counterclaim;
- New cause of action arises out of substantially the same facts as the main claim.
When can new parties be added after the limitation period?
If the limitation period was current when the proceedings started and the addition or substitution is necessary:
(a) due to mistake in the claim form;
(b) the claim cannot proceed without them; or
(c) o/g party’s interest or liability has passed because party died / had bankruptcy order made against them.
When can you amend and add parties because there is a mistake in name?
Allow amendment if intended D identified in statement of case by reference to description more or less specific to the particular case (e.g name misspelled but described as ‘the negligent DRIVER of a VW polo reg XHJCNS).
