Civil Procedure: Amendment of Statements of Case

<p>The prospects of success of the amendment (B)</p> Signup and view all the answers

<p>They may lead to increased costs for the party making the amendment (B)</p> Signup and view all the answers

<p>Amendments that change the nature of the claim (C)</p> Signup and view all the answers

<p>The court may refuse permission for the amendment (B)</p> Signup and view all the answers

<p>If the description of the intended defendant is sufficiently specific to the case (B)</p> Signup and view all the answers

<p>The court will not allow an amendment to substitute the intended defendant (B)</p> Signup and view all the answers

<p>If the statement of case has not been served (B)</p> Signup and view all the answers

<p>Genuine mistakes do not allow any amendments (C)</p> Signup and view all the answers

<p>An endorsement and statement of truth (A)</p> Signup and view all the answers

<p>Red, Green, Violet, Yellow (D)</p> Signup and view all the answers

<p>When it causes undue prejudice or delay (A)</p> Signup and view all the answers

<p>Once the limitation period has expired (D)</p> Signup and view all the answers

<p>It is treated as a new claim subject to limitation rules (A)</p> Signup and view all the answers

<p>Whether it prejudices the defendant (B)</p> Signup and view all the answers

<p>The party was described by role or connection to the event (D)</p> Signup and view all the answers

<p>Good reason for the late application and the strength of the new claim. (C)</p> Signup and view all the answers

<p>It is necessary to balance efficiency with the desire to hear from affected parties. (D)</p> Signup and view all the answers

<p>It is treated as a separate action with the original action's date. (C)</p> Signup and view all the answers

<p>If the limitation period was current when the proceedings were initiated. (B)</p> Signup and view all the answers

<p>An amendment can be made if the identity is clearly established. (A)</p> Signup and view all the answers

<p>The court may disapply the limitation period if equitable. (B)</p> Signup and view all the answers

<p>The court may allow the amendment to correct the error. (D)</p> Signup and view all the answers

<p>If a fundamental error in identifying the party occurred. (C)</p> Signup and view all the answers

<p>The description provided in the original statement of case. (A)</p> Signup and view all the answers

<p>The addition must be deemed necessary by the court. (A)</p> Signup and view all the answers

<p>To manage efficiency and costs while considering affected parties. (C)</p> Signup and view all the answers

<p>The amendment is necessary to resolve the case comprehensively. (D)</p> Signup and view all the answers

<p>Demonstrating the strength of the new claim and reasons for the delay. (C)</p> Signup and view all the answers

<p>The amendment would modify the original cause of action completely. (B)</p> Signup and view all the answers

A formal written document outlining the basis of a legal claim, usually filed in court.

A document that verifies the truthfulness of the information contained in an amendment to the statement of case.

The ability to change, update, or correct a legal document, such as a statement of case, to reflect new information or correct errors.

A party can amend their statement of case without permission before it's been officially served. This includes changes to the claim form, particulars of claim, and the entire text. However, any change impacting the parties might need consent if the document has been served.

Parties can agree to amend the statement of case with written consent from everyone involved. The party making the amendment usually pays the costs.

If consent isn't obtained, a party must apply to the court for permission to amend. They file an application notice and proposed amendment. The court may approve the amendment.

The court will consider the potential success of the amendment and the fairness of making changes close to trial. If the amendment is unlikely to be successful (e.g., implausible claims) or will significantly delay the trial, the court may refuse permission.

The overriding objective is to ensure cases are resolved justly and efficiently, with a fair cost balance. This principle guides courts in all decisions, including amendments.

A late amendment application faces a high burden of proof. The court considers if there's a good reason for lateness and if the new claim strengthens the case.

Adding a cause of action like 'negligence' after filing a breach of contract claim, where a trial is close, can delay the trial and raise costs.

The primary test for adding or removing parties is whether it's "desirable." The court prioritizes fairness to all and efficiency.

Adding Third Party E (financial advisor) into a claim between C (claimant) and D (defendant) for indemnity is a common example.

Adding a new claimant needs consent, and a reluctant party can be added as a defendant. Court permission is required after the claim form is served.

Amendments adding new causes of actions after the limitation period is usually rejected. Unless it's a personal injury claim, or the new claim relates to the same facts.

The court can waive the time limit for personal injury claims, allowing amendments even after the limitation period.

Amendments adding new causes of action after the limitation period are allowed if they relate to the same facts as the original claim.

Adding a new duty or obligation constitutes a new cause of action, but clarifying an existing duty does not.

Adding parties after the limitation period is allowed if the original proceedings began while the limit was still active, and the amendment is deemed necessary by the court.

Mistaken name (e.g., Daryl Boardman instead of Darren Boardman) may be corrected if the actual person is identifiable. Mistaken identity involves fundamentally wrong parties.

The court uses the Sardinia Sulcis case to assess if an amendment for a mistake in name is appropriate. If the original party was clearly described, it may be allowed.

If a claimant names the wrong defendant (e.g., Daryl instead of Darren Boardman), the court may allow the amendment if it’s a genuine mistake with clear identification.

The court can only allow amendments under CPR 17.4(3) if the intended defendant was clearly described in the original statement of case, leaving no doubt about who was to be sued.

The court has the power to allow amendments where the intended defendant is described using a more or less specific description related to the case.

Even if the wrong person is initially named, if the statement of claim adequately describes the intended defendant (e.g., the driver of a specific car), the court might allow an amendment.

When the claimant makes a genuine mistake about the identity of the defendant, the court may allow an amendment, especially if the defendant is adequately described in the statement of claim.

The court may allow amendments under CPR 17.4(3) even after the limitation period has expired, as long as the defendant is adequately described in the statement of case.

The court will not allow an amendment under CPR 19.6(3)(a) if the statement of claim does not adequately describe the intended defendant, even if the error is a genuine mistake.

After the statement of case has been served, amendments can only be made with the agreement of all parties or court permission.

The claimant must get court permission to add, remove, or substitute parties after the statement of case has been served.

Before a statement of case is served, the claimant can make amendments without court permission.

The claimant can add, remove, or substitute parties without court permission before the claim form is served.

Once the limitation period for bringing a claim has ended, the claimant may need to get court permission to amend the statement of case, especially if the amendment involves changing or adding parties.

There is usually no need to show the original text of the statement of case when making amendments, unless the court requests it.

Amendments to a statement of case should be clearly marked using color or a numerical code to show what has been changed.

The amended statement of case must include the appropriate endorsement and be verified by a statement of truth.

When the claimant amends their statement of case, other parties may need to make corresponding changes to their statements (e.g., the defendant's defense).

CPR 17 and 19 govern the amendment of statements of case, including rules on consent, court permission, and the timing of amendments.