Amendment Flashcards

1
Q

Adding or removing parties after relevant limitation period – Sardinia sulcis test?

A

the mistake must be as to the name of the party rather than as to the identity of the party

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2
Q

Whose permission do you need to amend SOC if its been served?

A

can amend SOC before served, if served, need written permission of all parties OR have permission of court. 17.1.2

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3
Q

Whose responsible for costs when it comes to amendment?

A

The amending party

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4
Q

Amendment after relevant period – can it be done?

A

17.4 – can be done with consent of court

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5
Q

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?

A

True

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6
Q

Adding claimant – permission of court and claimant, no one can force u to become part of claim
True or false?

A

True

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7
Q

Can amend SOC before it’s served but what if it’s served?

A

need written permission of all parties OR have permission from court - 17.1.2

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8
Q

Who’s responsible for costs?

A

The person amending is responsible

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9
Q

Amendment after relevant period - 17.4

A

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

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10
Q

What reasons can you amend?

A

For genuine errors/spelling mistakes

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