Amendments Flashcards
When can a party amend a statement of case without permission?
Before it is served
or
If it is being amended in line with a part 38 notice discontinuing all or part of the claim
If a statement of case has been served, how can it be amended?
With the written permission of all parties
with the permission of the court
If a party has amended their statement of case where they did not need permission, does the court have the power to disallow it?
Yes
When must a party apply for an order disallowing an amendment?
Within 14 days of receiving the amended statement of case
If permission is given to amend, what consequential orders will the court likely make?
amendments to other statements of case
service of amended statements of case
What is relevant to the consideration of whether to allow amendment?
Like most applications of this type, starting point is the Overriding Objective and balancing the interests of the parties.
They will likely need to show some prospect of success, and the amendment proposed will need to be sufficiently clear, precise and particularised.
Lateness of the amendment may well be a relevant factor in this
Under what circumstances can the court allow an amendment to a statement of case made after the end of the relevant limitation period?
discretionary power - ‘may’
but only if:
new claim added or substituted arises out of the same or substantially the same facts as the applicant has already claimed remedy for in the proceedings
[Note - this means you cannot claim a new claim on facts someone else pleads]
the amendment is to the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt about the identity of the party
The amendment is to alter the capacity in which a party claims if the new capacity is one that it had when the claim started or has since acquired
Who is the burden on to show that the application for amendment out of limitation falls within one of the acceptable reasons?
Applicant
Who pays the costs of an amendment, in general?
The party seeking it
How can applications to amend be dealt with where permission is required?
Either at a hearing or on papers
What should be filed when making the application?
application notice
Copy of the amended statement of case
How long after an amendment is granted should the amended statement of case be filed?
14 days (unless otherwise stated)
Who should the amended statement of case be served on?
The court and all other parties
What is the order of colours for amended statements of case?
1) red
2) green
3) violet
4) yellow
