Civil Procedure: Amendment of Statements of Case

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.