Amendments

Question 1

When may a party amend its’ SoC - with what permissions

Answer 1

• at any time before it is served on the other party
• if served - may only do so with written consent of all other partied OR with permission of the court

Question 2

Consequences of not having correct permissions

Answer 2

amendment may be disallowed (party may apply to court within 14 days of receiving amendment to get this)

Question 3

Amendments after limitation expires - when will the court allow this?

Answer 3

only where it arises out of SUBSTANTIALLY THE SAME FACTS
GENUINE mistake
altering capacity in which party makes their claim

Question 4

where permission to amend had been acquired - how long does a party have to file this amendment?

Answer 4

14 days
court may direct , if desirable, amendments to be tracked in colour (red, green, violet, yellow)

Question 5

General principles for permission to amend

Answer 5

just and proportionate cost
fairness to other parties - given time etc.

Question 6

need to show some prospects of success when seeking to amend - proposed amendment must be

Answer 6

arguable, carry a degree of conviction, be choerent, properly particualrised and supported by evidence

Question 7

late amendments will not be allowed if…

Answer 7

if it will put parties on unequal footing/add excessive burden to respondent - heavy burden on appellant party to show amendment necessary

Question 8

who will normally bear costs of amendment and any consequences of amendment

Answer 8

the party applying for it