Amendment Flashcards
CPR 17?
Amendments to Statements of Case
When may a party amend their statement of case?
A party may amend their statement of case (including parties) at any time before it has been served on other parties.
How can you amend statement of case after service?
Once served, a party may amend SoC ONLY with written consent of all parties OR permission of court. Party alteration must be done under 19.4
How can you amend parties after service of statement of case?
Under the procedure of 19.4 involving court permission.
How does Part 38 interact with amendments under Part 17?
If you file notice to discontinue all or part of a claim under 38, you may amend statement of case without court permission.
What must accompany amendments to Statements of Case?
A statement of truth must verify the amendments - or risk strike out
What does 17.1 not allow?
17.1 (amendments to SoC) cannot be used to add other claimants between issue and service of the claim form.
What are the courts powers over pre-service amendments?
Even though they don’t require permission, the court can disallow the amendments. Parties can apply for disallowing within 14 days of service of amended case.
What amendments to statement of case after service are restricted even with court permission?
19.2 (change of parties); 19.6 (change of parties after limitation end); 17.4 (amendments to SOC after limitation period end).
What must proposed amendments be?
Proposed amendments to SOC must be arguable, have a degree of conviction, coherent, particularised and supported by evidence.
To be allowed, what test must amendments meet?
For the court to allow, an amendment must have a real prospect of success, whether introducing a new claim or providing further particulars.
What must the court consider about timing of amendments where their permission is required?
Court should consider whether the amendment will put the parties on an unequal footing or create excessive burden on respondent in trial prep.
What mustn’t amendments do?
Amendments should never ‘recharacterise’ a claim
How late may amendments be made?
The court may permit amendments even after judgment as long as it is before it is sealed and recorded. Extremely rare.
When can the court allow amendments after limitation end?
When the amendment adds or substitutes OG claim arising out of the same or substantially the same facts already in issue; to correct mistake, or alter a party’s capacity.
In seeking amendments, who must prove that it is within the scope of 19.6 or 17.4?
The burden is on the applicant if the relevant limitation period is expired.
What must C prove where a new claim by amendment appears statute barred?
C must prove (i) Ds limitation defence is not reasonably arguable (ii) AND that 17.4 or 19.6 applies.
