See also Practice Direction
17
Part
17
AMENDMENTS TO STATEMENTS OF CASE
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Amendments to statements of case
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17.1 |
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A party may amend his statement of case at any time
before it has been served on any other party.
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If his statement of case has been served, a party may
amend it only –
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with the written consent of all the other
parties; or
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with the permission of the court.
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If a statement of case has been served, an application
to amend it by removing, adding or substituting a party must be made in
accordance with rule 19.4.
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(Part 22 requires amendments to a statement of case to be
verified by a statement of truth unless the court orders otherwise)
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| Amendments to Rule 17.1 w/e from 2 May 2000. |
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Power of court to disallow amendments made without
permission
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17.2 |
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If a party has amended his statement of case where
permission of the court was not required, the court may disallow the
amendment.
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A party may apply to the court for an order under
paragraph (1) within 14 days of service of a copy of the amended statement of
case on him.
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Amendments to statements of case with the permission of
the court
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17.3 |
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Where the court gives permission for a party to amend
his statement of case, it may give directions as to –
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amendments to be made to any other statement of
case; and
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service of any amended statement of case.
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The power of the court to give permission under this
rule is subject to –
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rule 17.4 (amendments of statement of case after
the end of a relevant limitation period).
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Amendments to statements of case after the end of a
relevant limitation period
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17.4 |
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This rule applies where –
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a party applies to amend his statement of case in
one of the ways mentioned in this rule; and
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a period of limitation has expired under
–
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the Limitation Act 1980Acts1;
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the Foreign Limitation Periods Act 1984Acts2;
or
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any other enactment which allows such an
amendment, or under which such an amendment is allowed.
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The court may allow an amendment whose effect will be
to add or substitute a new claim, but only if the new claim arises out of the
same facts or substantially the same facts as a claim in respect of which the
party applying for permission has already claimed a remedy in the
proceedings.
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The court may allow an amendment to correct a mistake
as to the name of a party, but only where the mistake was genuine and not one
which would cause reasonable doubt as to the identity of the party in
question.
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The court may allow an amendment to alter the capacity
in which a party claims if the new capacity is one which that party had when
the proceedings started or has since acquired.
(Rule 19.5 specifies the circumstances in which the court
may allow a new party to be added or substituted after the end of a relevant
limitation period(GL))
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| This Rule is referred to in: Part 19 (19.5), Adelson v Associated Newspapers Ltd [44], [44], [62], [63], Expandable Ltd v Rubin [28], Goode v Martin [46], [46], Gregson v Channel Four [20], [29], [29], [33], [33], H.J. Banks & Co Ltd v Coal Authority [46], Haq v Singh [10], [10], [11], [33], Kesslar v Moore & Tibbits [16], [16], Maridive v CNA [72], [74], Roberts v Gill [35], [57], Smithkline Beecham plc v Horne-Roberts [36], [36], [37], Thurrock BC v Secretary of State [26], [26], Weston v Gribben [26], [52]. |
| Amendments to Rule 17.4 and cross-reference w/e from 26 March 2001. |
