Q&As

To what extent can a party rely on the original pleadings of another party after they have been amended, insofar as those amendments fundamentally change that parties case?

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Published on LexisPSL on 22/05/2018

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

  • To what extent can a party rely on the original pleadings of another party after they have been amended, insofar as those amendments fundamentally change that parties case?

For these purposes, we assume that the amendments are either:

  1. with the court’s permission, or

  2. without the court’s permission and that they have not subsequently been disallowed

We also assume that they have been verified by a statement of truth and that no objection is being raised to the amendments themselves. As to all of these assumptions, we refer you to Practice Note: Amending a statement of case—introduction and costs.

Once served, a statement of case may only be amended with the consent of all other parties or with the permission of the court. Even if the permission of the court is not required and even if all the other parties consent, the court may subsequently disallow any amendment. Whenever making an amendment to a statement of case, a party should remember that the content of the original statement of case will have been verified by a statement of truth (under CPR 22) unless the court has ordered otherwise (CPR 22.1(2)), see Practice Note: Statements of truth. Any amendment inconsistent with the content of the original statement of case will require explanation, may cause embar

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