Amendment Flashcards
Adding or removing parties after relevant limitation period – Sardinia sulcis test?
the mistake must be as to the name of the party rather than as to the identity of the party
Whose permission do you need to amend SOC if its been served?
can amend SOC before served, if served, need written permission of all parties OR have permission of court. 17.1.2
Whose responsible for costs when it comes to amendment?
The amending party
Amendment after relevant period – can it be done?
17.4 – can be done with consent of court
If you wrote random name for case of getting claim in – cant change the name, cus not a mistake, tactic to bringing claim before limitation ends
Can amend for genuine errors/spelling mistakes
True or false?
True
Adding claimant – permission of court and claimant, no one can force u to become part of claim
True or false?
True
Can amend SOC before it’s served but what if it’s served?
need written permission of all parties OR have permission from court - 17.1.2
Who’s responsible for costs?
The person amending is responsible
Amendment after relevant period - 17.4
Can be done with consent of the court.
If you wrote random name for the sake of getting the claim in on time, can’t change the name, cus not a mistake, its a tactic to bring claim before limitation ends
What reasons can you amend?
For genuine errors/spelling mistakes