DR - Amending claims

Question 1

What must amendments to statements of case be verified by?

Answer 1

Statements of truth

Question 2

When can amendments be made to statements of case without courts permission or consent?

Answer 2

Before the statement of case is served

Question 3

What is an amendment by consent?

Answer 3

• Any statement of case can be amended at any time with consent of all other parties
• Court may still disallow any such amendments

Question 4

When does a party need court’s permission to amend a statement of case?

Answer 4

Statement of case has been served & written consent of all parties hasn’t been given

Question 5

What should be done if permission is given for an amendment to a statement of case?

Answer 5

• The amended statement of case should be filed within 14 days of such order granting amendment
• Copy sent to every party to proceedings
• Must have an endorsement on it and
• Must be re-verified by statement of truth if substance has changed

Question 6

What is a late amendment?

Answer 6

One sought close to the trial date & court more likely not to allow it

Question 7

How does a party get court’s permission to amend a statement of case?

Answer 7

Must file application notice with the court together with a copy of the proposed amended statement of case

Question 8

Can a claimant be added without their consent?

Answer 8

No

Question 9

What is the general rule and exceptions that apply to adding parties to a claim after the limitation period?

Answer 9

Not allowed unless
original set-off/counterclaim raised by amendment or where otherwise provided for