Amending Statements of Case Flashcards
When would an amendment of statement of case be needed?
1) Knock on consequence of adding party 2) Change in knowledge of case 3) Simple drafting error
What must statement of case be verified by?
Statement of Truth
What does CPR 17 deal with?
General amendments
What does CPR 19 deal with?
Governs amendments which remove, add or substitute a party
After what point are rules strict on amendments of statements of case?
After limitation period has expired
Who will be responsible for costs arising from amendment?
Generally, the party applying for amendment
When can amendment to statement of case be done without permission?
At any time before it is served
When can statement of case be amended at any time?
If there is written consent of all the parties, unless disallowed by the Court
When can statement of case be amended after serving, but without the consent from other party?
With the court’s permission
What is the procedure for applying for court permission for amending statement of case?
File an application of notice to court with amended statements of case
When should amended statement of case be filed if court gives consent?
Within 14 days of date of the order
How should an amended statement of case be endorsed?
“Amended Particulars of Claim / Defence by order of … Mr Justice dated ….”
What are the guidelines on court discretion for permission to amend statement of case?
No guidelines, entirely up to the court
What are the general principles on discretion for amendment of statement of case?
Must give effect to overriding objective (just and proportionate cost) Need to show some prospect of success
Why might a late amendment not be accepted in light of overriding objective?
Can potentially cause unfairness as puts parties on unequal footing Can also cause delay to trial date
What did the Court of Appeal set out regarding amendment of statement of case?
1) Court should be less ready to serve amendment if does not result from late disclosure or new evidence 2) Heavy onus on party to justify it, in relation to them and other party 3) Must satisfy full requirement of preparing a proper pleading
How many C’s or D’s may be joined to a claim?
Any number
When is adding, removing or substitution parties if limitation period has expired allowed?
The amendment must be desirable
When is permission needed for amending parties?
Need consent of the person – if refuse to be C, they can be added as a D
Court’s permission always required
What is the starting point for amendments after limitation period has expired?
Amendments will not be allowed
When can a new cause of action be added to existing statement of case after the end of the limitation period?
1) Personal injury
2) New cause is an original set-off or counterclaim
3) New cause of action arises out of same facts or substantially same facts as already in issue
What will be seen as a new cause of action in amendments of case?
Adding a NEW duty or obligation on part of D
What will not be seen as a new cause of action in amendments of case?
Clarifying a duty / obligation which has already been alleged
What are the requirements for adding / substituting parties post limitation?
1) Limitation period was current when proceedings started 2) Addition of substitution is ‘necessary’
