Q&As

A defendant has variously instructed new solicitors and is now progressing as a litigant in person with a direct access barrister. After each change, the defence has been changed with no formal applications being made to the court. What redress do I have in seeking costs occasioned by the amendments and as a penalty for effectively wasting the past two years?

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Published on LexisPSL on 06/04/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • A defendant has variously instructed new solicitors and is now progressing as a litigant in person with a direct access barrister. After each change, the defence has been changed with no formal applications being made to the court. What redress do I have in seeking costs occasioned by the amendments and as a penalty for effectively wasting the past two years?
  • Amending a statement of case
  • Amendments and costs
  • Litigants in person
  • Case management

Amending a statement of case

CPR 17.1 states that:

‘(1) A party may amend his statement of case at any time before it has been served on any other party.

(2) If his statement of case has been served, a party may amend it only-

(a) with the written consent of all the other parties; or

(b) with the permission of the court.’

For further information on the approach a party should adopt when amending a statement of case, see Practice Note: Amending a statement of case—introduction and costs. In particular, once a statement of case has been served, the permission of the court will be required to amend unless the other parties have consented in writing to the amendment (see Practice Note: Amending a statement of case—introduction and costs in this regard).

Amendments and co

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