Amendments to SOC

Question 1

when might amendments be needed?

Answer 1

non-exhaustive:
o Omits or new issue/remedy to be pursued
o There is a material error

Question 2

if permission is required, what must be filed?

what factors do the court consider when deciding whether to give permission?

Answer 2

N244 + amended SOC required.

Court considers:
o Overriding objective
o Injustice is refused vs. if granted
o timing of app

Question 3

what amends can be made to a SOC within the limitation period? explain when they can be made

Answer 3

Any amends inc. removing, adding, substituting parties

Before service = amendments can be made at anytime

After service = amendments can only be made with:
o Written consent of all parties; or
o Permission of the court

Question 4

when amends be made outside the limitation period? what amends are not permitted?

Answer 4

Permission required. Court can only permit the following amendments:
o Add/substitute a new claim if it arises out of the same/substantially the same facts as the existing claim;
o Correct a genuine mistake as to the name of a party; or
o Alter the capacity in which the party claims

NB: cannot remove a party