Amending statements of case Flashcards
What must amendments be verified by?
A statement of truth
Who is usually responsible for costs arising from an amendment?
The party applying for the amendment
When can amendments to a Statement of Case (SoC) be made without permission from anyone?
At any time before it is served (including after issue but before service)
After the SoC has been served, how can it be amended (general amendment)?
Written consent of all parties or with the court’s permission
Can the court disallow amendments that do not need court permission?
Yes
What must be filed to apply to court for an amendment?
Application notice and a copy of the proposed amended statement of case
How can the amendment application be dealt with?
By hearing or without a hearing on written submissions with parties’ consent
What does the court provide if it grants an amendment?
Directions as to consequential amendments and the service of any amended SoC
Within how many days should the amended SoC be filed after the order granting amendment?
14 days - a copy of the SoC and the order should be served on any party to the proceedings
What should be provided if the substance of SoC is changed by amendment?
A new statement of truth
What will the court base its decision on when deciding whether to allow general amendments to SoC?
General principles:
* Give effect to overriding objective
* Amendment must have some prospect of success
* Late amendments can cause unfairness (risk trial date, late disclosure, new evidence)
What must be considered when adding, substituting, or removing parties within the limitation period?
Whether the amendment is ‘desirable’
* Worry about increasing complexity and case management costs
* Need to also consider the status of the main claim and how additional claim might impact issues
* May need to apply for an order that the defendant to an additional claim is added as a defendant to the main claim
What is required to add, remove or substitute a party within the limitation period?
The court’s permission unless the claim form has not yet been served (N.B written consent from all parties is not enough)
When can a new claimant be added to a case?
Only with their consent
What is the usual rule regarding adding causes of action post limitation?
Such amendments will not be allowed
What are exceptions to the usual rule on adding causes of action post limitation?
- Court directs limitation period will not apply in a PI action
- New cause of action is original set-off or counterclaim
- New cause of action arises from the same or substantially the same facts (onus on applicant to show this)
When can adding or substituting parties post limitation happen?
When the limitation period was current when proceedings started and addition or substitution is ‘necessary’
necessary:
- the party was added as a mistake
- the claim cannot be properly carried on unless a new party is added
- liability has passed onto a new party due to bankruptcy
What is the general rule relating to name changes?
Might be allowed, but those relating to someone with an entirely new identity will not be allowed –> must therefore ask if the intended defendant has been identified in the SoC ‘by reference to a description more or less specific to the particular case’
CPR 19.5(3)(a)
Will this change of name be allowed: Genuine mistake such as causes no reasonable doubt as to the identity of the party in question
Yes, subject to the court’s discretion (CPR 17.4(3)
Will this change of name be allowed: Named in the claim form in mistake for the new party and the party is adequately described
The court has the power to allow the amendment - CPR 19.5(3)(a)
Will this change in name be allowed: Named in the claim form in mistake for the new party but the party is not adequately described
The court has no power to allow this amendment
Format of amended SoC
- no need to show original text
- coloured amendments or numerical amendements show changes
What should be the first step in obtaining further information?
A voluntary request to the other party
What should the applicant include in the written request to the other party?
The request should state a date for response and be concise, confined to matters reasonably necessary for case preparation.
