Q&As

What authorities or guidance do you have on unilateral mistake? What authorities or guidance do you have on mistake in drafting court documents, such as statements of case?

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Published on LexisPSL on 25/01/2019

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

  • What authorities or guidance do you have on unilateral mistake? What authorities or guidance do you have on mistake in drafting court documents, such as statements of case?
  • Amending a statement of case
  • A mistake in contract
  • Rectification

What authorities or guidance do you have on unilateral mistake? What authorities or guidance do you have on mistake in drafting court documents, such as statements of case?

In conducting the research for this Q&A, we have focused on amending statements of case and on mistake in contract.

Amending a statement of case

CPR 17.1 provides that a statement of case may be amended:

  1. at any time before it has been served on any other party

  2. after it has been served:

    1. with the written consent of all the parties, or

    2. with the permission of the court

In Thurrock Borough Council v Secretary of State for the Environment, Transport and the Regions, the court allowed permission to amend a claim form which cited the wrong section of the Town and Country Planning Act 1990 as to do otherwise would inhibit the power of the court to address the issue in the case.

For guidance on amending statements of case, see Practice Note: Amending a statement of case—introduction and costs. See further: Power to amend statements of case either before or after service:

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