Q&As

What test will a court apply in deciding whether to allow an amendment to a claim form?

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Published on LexisPSL on 05/05/2017

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

  • What test will a court apply in deciding whether to allow an amendment to a claim form?
  • Permission of the court to amend a statement of case
  • Statements of truth

The rules regarding amendments to statements of case (which includes a claim form, CPR 2.3(1)) are set out in CPR Part 17 and the accompanying Practice Direction.

A party can amend its statement of case:

  1. at any time before it has been served on any other party (CPR 17.1(1))

  2. after it has been served:

    1. with the written consent of all the parties (CPR 17.1(2)(a)), or

    2. with the permission of the court (CPR 17.1(2)(b))

We have assumed for the purposes of this Q&A that the claim form has been served on one or more parties to the relevant litigation and the other parties have not consented to the amendment of the claim form. We have also assumed that the limitation period for the claim has not expired.

Note that if a party has amended his statement of case where permission of the court was not required

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