Amendments to statements of case

Question 1

What CPR provision deals with amending statements of case?

Answer 1

CPR Part 17

Question 2

Can a statement of case be amended?

Answer 2

Yes - the court has discretion to allow amendments to statements of case.

However, the procedure for applying for permission to amend statements of case differs depending on when the permission is sought.

Question 3

When can a party amend a statement of case BEFORE expiry of the relevant limitation period?

Answer 3

After filing the statement of case but before service:

Amendments may be made at any time.

After filing and service of the statement of case:

Only with:
(a) the written consent of all the parties; or
(b) the permission of the court.

Question 4

When can a party amend a statement of case AFTER expiry of the relevant limitation period?

Answer 4

Here, the court may allow an amended only in the following 3 circumstances:

1. To add or substitute a new claim, if this arises out of the same or substantially the same facts as an existing claim;
2. to correct a (genuine) mistake as to the name of a party;
3. to alter the capacity in which a party claims.

Question 5

What will the court consider in deciding whether to exercise its discretion to allow amendments to the statement of case?

Answer 5

Court will take into account the overriding objective of dealing with the case justly and at proportionate cost.

In particular, court must strike a balance between injustice to the applicant if the amendment is refused, and injustice to the opposing party and other litigants in general, if it is permitted.