Amending a statement of case—permission to amend
Amending a statement of case—permission to amend

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

  • Amending a statement of case—permission to amend
  • When do you need the court’s permission to amend a statement of case?
  • Obtaining permission—making the application
  • Obtaining permission—principles the court will apply
  • Amendments and limitation
  • The court’s approach to amendments made without permission

This Practice Note explains when you will need the court’s permission to amend a statement of case (pleadings) and describes the process of applying for permission.

This Practice Note should be read in conjunction with the following Practice Notes:

  1. Amending a statement of case—introduction

  2. Amending a statement of case—logistics of effecting an amendment

  3. Amending a statement of case—illustrative decisions

  4. Late amendments to statements of case—the court's approach,

  5. Late amendments to statements of case—illustrative decisions, and

  6. Limitation—amendments to statements of case and counterclaims

When do you need the court’s permission to amend a statement of case?

The court’s permission is not required:

  1. where the statement of case has not yet been served on any other party (CPR 17.1(1)), or

  2. if service has already been effected, all parties consent in writing (CPR 17.1(2)(a))

In all other situations it will be necessary to obtain the court’s permission to amend a statement of case.

Obtaining permission—making the application

CPR PD 17, para 1.2 provides that, when making an application to amend a statement of case, the applicant must file and serve:

  1. an application notice—see Practice Note: Making an application, and

  2. a copy of the proposed amended statement of case

In certain circumstances, the application may be dealt with by the court without a hearing. For further guidance, see Practice Note: Applications without hearings.

Practical Tip: although the