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Basic Tests For Revision Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Basic Tests For Revision notes – written by City Law School students – is available here.

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SOME BASIC TESTS FOR REVISION EXTENSION OF TIME FOR SERVICNG A CLAIM FORM a) The court has failed to serve the claim form or b) The C has taken all reasonable steps to comply with the service of the claim for but has been unable to do so and c) In either case the C has acted promptly in making the application

PRINCIPLES GOVERNING PERMISSION TO AMEND the court may reject an amendment seeking to raise a version of the facts of the case which is inherently implausible, self-contradictory or is not supported by contemporaneous documentation.

AMENDMENTS TO STATEMENTS OF CASE AFETR THE END OF THE RELEVANT LIMITATION PERIOD: a) The court may allow an amendment whose effect will be to add or substitute a new claim but only if the new claim arises out of the same fact s or substantially the same facts as the claim in respect of which the party applying for permission has already claimed a remedy in the proceedings b) The court may allow an amendment to correct a mistake as to the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question. c) The court may allow an amendment to later the capacity in which a party claims if the capacity is one which that party had when the proceedings started or had since acquired.

1 WHERE A PARTY IS TO BE ADDED OR SUBSTITUTED WHERE THE LIM PERIOD HASN'T EXPIRED A. The court may order a person to be added as a new party if: a) It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings b) There is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings and it is desirable to add the new party so that the court can resolve that issue B. the court may order a new party to be substituted for an existing one if: a) the existing party's interest or liability has passed to the new party and b) it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings

WHERE A PARTY IS TO BE ADDED OR SUBSTITUTED WHERE THE LIM PERIOD HAS EXPIREd a) The relevant limitation period (ie the lim period of the new claim) was current when the proceedings were started (ie when the limitation period for the new claim had not expired when the original action commenced) AND b) it is necessary to determine the original action. Rule 19.5(3): necessary only if the court is satisfied that: a) The new party it to be substituted for a party who was named in the claim form in mistake for the new party b) The claim cannot properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant or c) The original party has died or had a bankruptcy order made against him and his interest or liability has passed to the new party

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