BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible 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
before service of SoC - can be made without permission AND consent
after service of SoC - can be made with written consent of parties OR court's permission (except to add / substitute / remove parties)
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
want to add / substitute / remove parties (r19.4(1)); OR
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
issue application notice
within 14 days of service of SoC
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
even amendment prejudices other party, will allow if can be compensated in costs
Amendments late in litigation
test: does amendment over-reach the other side, taking into account:
exact stage reached in proceedings
size of change of proposed amendments
to clarify issues
to change nature of party's case
whether other side taken by surprise
whether adjournment to trial necessary
whether any prejudice to other side
whether amended case has real prospect of success
Add / substitute / remove parties
need permission if claim form served
overarching test: court will allow if desirable (r19.2)
Amendment | Test / requirements |
---|---|
Adding a new party | court will give permission if desirable:
N.B. if adding a C
|
Removing a party | court will give permission if NOT desirable for person to be a party |
Substituting a party | court will give permission if:
|
PERMISSION TO AMEND ALWAYS REQUIRED AFTER EXPIRY OF LIMITATION
applies to amendment after limitation which:
adds / substitutes a new party; OR
adds a new cause of action (different factual elements from main claim)
amendment deemed to be a separate claim commenced on same date as original claim
therefore, if amendment allowed, D deprived of limitation defence
The general rule
amendments outside LP are NOT allowed
The exceptions
overarching test - allowed if necessary to determine original claim
Amendment | Circumstances allowed | Test: necessary AND |
---|---|---|
Substituting a new party | Assignment / transmission of interest | court may substitute if:
|
To correct a mistake as to a party's name | court may substitute if:
| |
To correct a mistake as to a party's ID i.e. to substitute the correct party | court may substitute if:
| |
current party's capacity (legal competence to bring or defend claim) has changed | court may substitute if: new capacity gained before OR after commencement | |
Adding OR substituting a new party | claim CANNOT be properly carried on without new party | claim CANNOT be maintained without amendment e.g. cause of action vested in new party and C jointly but NOT severally |
Adding OR substituting a new party ----OR----- Adding a new cause of action | PI claims (s33 LA) | court may allow amendment if a s33 issue directed to be determined at... |
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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