Amendment (Syllabus 10) Flashcards
When can parties amend their statements of case?
a party may amend his statement of case at any time before it has been served on any other party.
Can the parties amend the statement of case after it has been served?
Yes, with the written consent of all other parties; or
with the permission of the court.
Can the court disallow amendments to statements of case made without the court’s permission?
Yes, a party may apply to the court for an order under paragraph (1) within 14 days of service of a copy of the amended statement of case on him
Where the court gives permission for a party to amend his statement of case what directions can the court give?
direction as to:
(a) amendments to be made to any other statements of case; and
(b) service of any amended statement of case.
How should the court exercise their discretion when deciding whether to grant permission to amend?
the court should always consider the overriding objective
What test is applied when opposing an application to amend?
the same test as is applied for summary judgment- the question is whether there is any real prospect of success.
Can a claimant be given permission to amend a claim that is not conceivable in law?
No
Can the parties defer an amendment and what happens if they do?
Yes they can, the court will first determine the issues set out in the existing pleadings before considering matters relating to the proposed arguments
What should the court consider when an application for amendment is late?
whether the amendment will put the parties on unequal footing or will place or add an excessive burden to the respondent’s task of preparing for trial
What must the court consider when deciding whether to allow an amendment which is sought after judgment has been given?
whether there is exceptional circumstances or strong reasons for taking the usual course of reopening the earlier decision.
Can the statements of case be amended after the end of a relevant limitation period?
Yes but only if the new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings.
When will the court allow parties to amend their statements of case?
(1) to correct a mistake as to the name of a party, where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question; or
(2) to alter the capacity in which a party claims if the new capacity is one which that party had when the proceedings started or has since acquired.
When one party argues that the limitation period has expired, who is the onus on?
the applicant to show that the situation falls within rule 17.4
What must a claimant prove when there is a dispute as to whether or not a new claim sought to be raised by amendment is statute barred?
(i) that the defendant’s limitation defence is not arguable, or
(ii) the amendment falls within the provisions of CPR r.17.4 or 19.5
Who is responsible for the costs of and arising from the amendment?
the party who applies for the amendment
