Q&As

What are the consequences where the court gives permission to amend one paragraph of the particulars of claim but the claimant amends additional paragraphs?

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Produced in partnership with Mr Tom Montagu-Smith, QC
Published on LexisPSL on 26/08/2016

The following Dispute Resolution Q&A produced in partnership with Mr Tom Montagu-Smith, QC provides comprehensive and up to date legal information covering:

  • What are the consequences where the court gives permission to amend one paragraph of the particulars of claim but the claimant amends additional paragraphs?

What are the consequences where the court gives permission to amend one paragraph of the particulars of claim but the claimant amends additional paragraphs?

Where a statement of case has been served, permission to amend must be obtained from the Court or from all of the other parties: CPR 17.1(2).

In your case, it appears that some amendments have been made without permission, where permission is required.

In Reuben and Ors v Time Inc [2003] EWCA Civ 6 (not available in Lexis®Library), the remedy sought (but refused) was a declaration that the amendment was irregular. However, the application also sought an order striking out the original claim.

In practice, the correct remedy is likely to be an order striking out the irregular amendments. However, there may be little harm in seeking both remedies in an application notice.

Note that the appropriate remedy is not an order disallowing the amendment under CPR 17.2.

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