The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
A party can amend its statement of case, as defined in CPR 2.3(1):
at any time before it has been served on any other party (CPR 17.1(1))
after it has been served:
with the written consent of all the parties (CPR 17.1(2)(a)), or
with the permission of the court (CPR 17.1(2)(b))
Any amendment should be sufficiently precise to enable the other party to know the case it has to answer, especially where it is made close to trial. See: Elafonissos Fishing v Aigaion Insurance.
Where a party seeks to amend a claim to include a new cause of action which is not subject to limitation issues, the court has the power to permit that amendment (as opposed to the party issuing a second claim and perhaps seeking to consolidate the two) and the court may order that the amends take effect as if they were included as at the date of issue of the claim (in accordance with the doctrine of 'relation back') or may order that they take effect as at a different date (Football Association v O'Donovan). For more information on O'Donovan, see News Analysis: Amendments where no limitation issues and lifting the automatic stay under CPR 15.11 (Football Association Premier League v O'Donovan).
It should be ensured that proposed amendments are compliant with
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.