The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
In conducting the research for this Q&A, we have focused on amending statements of case and on mistake in contract.
CPR 17.1 provides that a statement of case may be amended:
at any time before it has been served on any other party
after it has been served:
with the written consent of all the parties, or
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: Halsbury’s Laws of England .
A mistake is an erroneous belief held by one or both parties to a contract at the time of its formation. A mistake may arise as to the:
nature of the t
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