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Amending So Cs Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Amending So Cs notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

AMENDING STATEMENTS OF CASE

? statement of case = claim form, PoC, defence, reply, additional claim, request for further info Guiding principles

? key principle: all amendments to SoCs should be made which are necessary to ensure real Q between parties is determined, provided they can be made without causing injustice to other party

? fundamental rules on amendments (a) before service of SoC - can be made without permission AND consent (b) after service of SoC - can be made with written consent of parties OR court's permission (except to add / substitute / remove parties)

(c) add / substitute / remove parties - always need court's permission (unless made before service of claim form)

AMENDMENTS WITHOUT PERMISSION AND CONSENT

? largely restricted to amendments to PoC and claim form between issue and service (maximum 4 month period) i.e. before service

? can make any amendment without permission, including add / substitute / remove party Exception where PoC served separately from claim form

? need permission if claim form already served; AND (a) want to add / substitute / remove parties (r19.4(1)); OR (b) amendment to PoC necessitates consequential amendment of claim form Objecting to amendment without permission

? party served with amended SoC can seek order disallowing amendment
? procedure o issue application notice o within 14 days of service of SoC o test: if permission had been required, would it have been granted? ? if N, court will disallow amendment AMENDMENTS REQUIRING PERMISSION - BEFORE EXPIRY OF LIMITATION N.B. can amend with written consent of parties instead

? general principle: court has discretion to allow amendments - will exercise in accordance with OO Amendments early in litigation

? ought to be allowed, provided efficient administration of justice NOT harmed
? if amending party not able to advance real case (which has real prospect of success), will be prejudiced

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

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