Q&As

Can a claimant make an application to amend the claim form and particulars, and pay the difference in issue fee, after they have already issued proceedings and paid the court fee relevant to the amount initially claimed and if so, can we object to this?

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Published on LexisPSL on 05/05/2016

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

  • Can a claimant make an application to amend the claim form and particulars, and pay the difference in issue fee, after they have already issued proceedings and paid the court fee relevant to the amount initially claimed and if so, can we object to this?
  • Amendment generally
  • Additional court fee

Can a claimant make an application to amend the claim form and particulars, and pay the difference in issue fee, after they have already issued proceedings and paid the court fee relevant to the amount initially claimed and if so, can we object to this?

Amendment generally

A statement of case is defined in CPR 2.3(1).

The court's permission for an amendment to a statement of case will not be required where:

  1. the document being amended has not yet been served on the parties (CPR 17.1(1)), or

  2. all the other parties have consented in writing to the amendment (CPR 17.1(2)(a))

Even if a party amends without permission the court can still disallow the amendments (CPR 17.2(1)).

For examples of amendments the courts have refused, see Practice Note: Amending a statement of case—introduction and costs.

Where an application is made to amend, in certain circumstances, the application may be dealt with by the court without a hearing. For further guidance, see Practice Note: Applications without hearings.

A court will generally grant permission to amend a statement of case so that the real dispute between the parties can be adjudicated upon. See Cobbold v Greenwich LBC as referred to in Elafonissos Fishing v Aigaion Insurance at para 11. However, this is not the case if:

  1. it would prejudice a party that could not be adequately compensated in costs

  2. it would significantly harm the

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