Amending a statement of case—illustrative decisions
Amending a statement of case—illustrative decisions

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Amending a statement of case—illustrative decisions

This Practice Note should be considered in conjunction with Practice Notes: Amending a statement of case—introduction and Amending a statement of case—permission to amend.

This table focuses on illustrative decisions regarding the court’s general approach to applications to amend statements of case under CPR 17. For cases dealing specifically with the issue of ‘late’ and ‘very late’ amendments’, see Practice Notes: Late amendments to statements of case—the court's approach and Late amendments to statements of case—illustrative decisions.

Case details and analysis Issues considered
A balancing act
Essex County Council v UBB Waste (Essex) Ltd [2019] EWHC 819 (TCC) Pepperall J noted that there was essentially one rule on any application to amend: parties should be allowed to amend their statements of case to bring forward intelligible and apparently credible claims or defences where the balance of injustice to the applicant if the amendment is refused outweighs the injustice to the other party and to litigants in general if the amendment is permitted. He went on to clarify that the claims should be ‘intelligible and apparently credible’, since the court ought not allow amendments that are liable to be struck out or