Amending statement of case
AMENDMENTS TO A STATEMENT OF CASE:
Claim form / PoC’s / Defence = statement of case – r2.3
Amendments before service:
Amendments before service can occur at any time before being service.
Amendments after service:
A party who wishes to make amendments to their SoC = require opponents’ permission /
courts permission.
What should the party do:
1. Consult the o/s and ask that an amendment be made
2. If o/s does not agree – make an application to the court
3. When making the application – file a new statement of case showing the
amendments.
What will the court do / decide:
Overriding objective – balancing prejudice to it being granted and prejudice to it
being approved
If the application is late – to maintain the trial date it could be allowed but need a
solid explanation for the lateness and demonstrate that not allowing the
amendments could prejudice the party and the o/s
The explanation should include a recognition of the delay …
If the court grants permission:
The party seeking the amendments to be allowed - must file the amended statement of
case and serve the order and the amended statement of case on all other parties. The
statement of case will be endorsed with the words: Amended [describe the type of
statement of case] by Order of [name of master/district judge] dated [ ].
R22.1(2), amendments to the statement of case have to be verified by a statement of
truth.
Costs:
A party applying for an amendment will usually be responsible for the costs of and caused
AMENDMENTS TO A STATEMENT OF CASE:
Claim form / PoC’s / Defence = statement of case – r2.3
Amendments before service:
Amendments before service can occur at any time before being service.
Amendments after service:
A party who wishes to make amendments to their SoC = require opponents’ permission /
courts permission.
What should the party do:
1. Consult the o/s and ask that an amendment be made
2. If o/s does not agree – make an application to the court
3. When making the application – file a new statement of case showing the
amendments.
What will the court do / decide:
Overriding objective – balancing prejudice to it being granted and prejudice to it
being approved
If the application is late – to maintain the trial date it could be allowed but need a
solid explanation for the lateness and demonstrate that not allowing the
amendments could prejudice the party and the o/s
The explanation should include a recognition of the delay …
If the court grants permission:
The party seeking the amendments to be allowed - must file the amended statement of
case and serve the order and the amended statement of case on all other parties. The
statement of case will be endorsed with the words: Amended [describe the type of
statement of case] by Order of [name of master/district judge] dated [ ].
R22.1(2), amendments to the statement of case have to be verified by a statement of
truth.
Costs:
A party applying for an amendment will usually be responsible for the costs of and caused
