Amendment

Question 1

when can an amendment happen?

Answer 1

it can be amended at any time before the statement of case is served on any party

Question 2

how can a party amend their statement?

Answer 2

by removing, adding or substituting a party at any time before it has been served.

Question 3

if the statement of case has been served, when can a party amend it?

Answer 3

where there is written consent of all the other parties or with the permission of the court

Question 4

if a statement of case is served, under which rule should an application to amend it be in made in accordance with it?

Answer 4

rule 19.4

Question 5

true or false:
a party who files a part 38 notice discontinuing all or part of a claim may amend their statement of case without the court’s permission to give effect to the discontinuance.

Answer 5

true.

Question 6

true or false:
if a party has amended their statement of case where permission of the court wasn’t required, the court may disallow the amendment.

Answer 6

true

Question 7

true or false:
a party may apply to the court for an order under para 1 within 14 days of service of a copy of the amended statement of case on them.

Answer 7

true.

Question 8

under 17.3, why type of directions may the court give where they give permission for a party to amend their statement of case?

Answer 8

amendments to be made to any other statement of case
service of any amended statement of case.

Question 9

under which rules is the power of the court to give permission under 17.3?

Answer 9

19.2 (change of parties)
19.6 (special provisions about adding or substituting parties after the relevant limitation period)
17.4 (amendments of statement of case after the end of a relevant limitation period).

Question 10

when can the court allow an amendment after the limitation period?

Answer 10

if it was to add or substitute a new claim but only if the new claim arises out of the same facts or substantially the same facts.
or allow amendment to correct a mistake as to the name of a party but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question.

Question 11

true or false:
the court may allow an amendment to alter the capacity in which a party claims if the new capacity is one which that party had when the proceedings started or has since acquired.

Answer 11

true.

Question 12

true or false:
the application to amend may be dealt with at a hearing or if rule 23.8 applies without a hearing

Answer 12

true.

Question 13

when making an application to amend, what should the applicant file with the court?

Answer 13

application notice and a copy of the statement of case with the proposed amendments.

Question 14

true or false:
where permission to amend has been given, the applicant should within 14 days of the date of the order or within such other period as the court may direct, file with the court the amended statement of case.

Answer 14

true

Question 15

what should the amended statement of case be verified with?

Answer 15

a statement of truth unless the court orders otherwise.

Question 16

true or false:
a copy of the order and the amended statement of case should be served on every party to the proceedings unless the court orders otherwise.

Answer 16

true.

Question 17

How should the amendments be shown as directed by the court where the court thinks it is desirable for both the original text and the amendments

Answer 17

by coloured amendments either in manuscript or computer generated or by use of a numerical code in a monochrome computer generated document.

Question 18

true or false:
where colour is used, the text to be deleted should be struck through in colour and any text replacing it should be inserted or underlined in the same colour.

Answer 18

true.

Question 19

what are the order of colours to be used for successive amendments?

Answer 19

1. RED
2. GREEN.
3. VIOLET
4. YELLOW.

Question 20

true or false:
a party applying for an amendment will not be usually responsible for the costs of and arising from the amendment

Answer 20

false:
they will be usually responsible.