Amending Statements Of case And Chmaging Parties Flashcards
Amendment without Consent
One can amend a statements of case at any time before it is served CPR17.1(1)
The court has the power to disallow such amendments CPR 17.2
Amendment by consent
Any statement of case can be amended with written consent of all the other parties 17.1(2)(a)
When an amended SOC is filed without the need for consent, it should be endorsed.
Amending with Court permission
If written consent is not given, apply to court for permission to amend. 17.1(2)(b)
File an AN with the a copy of the proposed amended SOC
Amendment must be filed within 14 days of its being granted.
Should be endorsed.
CPR 19 Amendment to add, remove or substitute parties : Test
CPR 19.2 The amendment must be desirable
Permission needed
No one can be added as a claimant without their consent being filed at court. 19.4(4)
If someone refuses to be added as a C, they can be added as a D 19.3(2)
The courts permission is always required to do this unless the claim form has not yet been served
Amendments after the limitation period
An amendment to add a new cause of action or party to existing proceedings is deemed to be a separate action which is commenced on the same date as the original.
A new party takes effect on the date the amended CF is served upon him unless otherwise ordered by the court.
Post Limitation Amendments
S35(3) does not allow such amendments
Exceptions
A new cause of action can be added to an existing SOC after the end of the limitation period only:
When the court directs the LP will not apply in a PI action under s33 Limitation Act.
The new COA is an original set off or counterclaim under s35(2) Limitation Act 1980.
The new COA arises out of the same facts in the original claim
Adding parties post limitation
CPR 17.4(3): relates to correcting a mistake as to the NAME of a party
CPR 17.4(4): relates to changing the CAPACITY of a party
CPR 19.5: relates to changing the identity of a defendant
CPR 19.5 requirements: changing identity of the defendant
- The LP was current when the proceedings actually started
2. The addition or substitution is necessary
Sardis Sulcis Test
Has the intended D been identified in the SOC by reference to a description more or less specific to the particular case?
If yes, it is a mistake type covered under CPR 19.5(3)(a) and amendment will be permitted
