SYLLABUS 8 AMENDMENT
Permission or consent to amend
Cost consequences of amendment
CPR: Part 17
17.1 Amendments to statements of case
A party may amend his statement of case at any time before it has been served on any
other party.
If his statement of case has been served, a party may amend it only— with the written
consent of all the other parties; or with the permission of the court. Here, an application to
amend by removing, adding or substituting a party must be made in accordance with 19.4.
Amendments to a SOC must be verified by a SOT, unless the court orders otherwise.
17.2 Power of court to disallow amendments made without permission
If a party has amended his statement of case where the court’s permission was not
required, the court may disallow the amendment. A party may apply to the court for such
order within 14 days of service of a copy of the amended statement of case on him.
17.3 Amendments to statements of case with the permission of the court
Where the court gives permission for a party to amend his statement of case, it may give
directions as to— amendments to be made to any other statement of case; and service of
any amended statement of case.
The power of the court to give permission under this rule is subject to- 19.2 (change of
parties—general), 19.5 (special provisions about adding or substituting parties after the end
of a relevant limitation period) and 17.4 (amendments of statement of case after the end of
a relevant limitation period).
17.4 Amendments to statements of case after the end of a relevant limitation period
Applies where— a party applies to amend his statement of case in one of the ways
mentioned in this rule; and a period of limitation has expired under— LA 1980, FLPA 1984
or any other enactment which allows such an amendment.
The court may allow an amendment to add or substitute a new claim, but only if the new
claim arises out of the same facts or substantially the same facts as a claim in respect of
which the party applying for permission has already claimed a remedy in the proceedings.
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.
The court may allow an amendment to alter the capacity in which a party claims if the new
capacity is one which that party had when the proceedings started or has since acquired.
(19.5 - circumstances the court may allow a new party to be added or substituted after the
end of a relevant limitation period)
, SYLLABUS 8 AMENDMENT
PD 17
SYLLABUS INCLUDES words under heading A party applying for an amendment will
usually be responsible for the costs of and arising from the amendment.
Para 1 Applications to amend where the permission of the court is required
1.1 The application may be dealt with at a hearing or, if r.23.8 applies, without a hearing.
1.2 When making an application to amend a statement of case, the applicant should file
with the court- the application notice, and a copy of the statement of case with the
proposed amendments.
1.3 Where permission to amend has been given, the applicant should within 14 days of
the date of the order, or within such other period as the court may direct, file with the
court the amended statement of case.
1.4 If the substance of the statement of case is changed by reason of the amendment, the
statement of case should be re-verified by a statement of truth.
1.5 A copy of the order and the amended statement of case should be served on every
party to the proceedings, unless the court orders otherwise.
Para 2 General
2.1 The amended statement of case and the court copy of it should be endorsed:
(1) Where the court’s permission was required:
“Amended [Particulars of Claim or as may be] by Order of [Master ….] [District Judge …. or
as may be] [Legal Adviser] dated ….”
(2) Where the court’s permission was not required:
“Amended [Particulars of Claim or as may be] under CPR 17.1 or (2) (a) dated…”
2.2 The statement of case in its amended form need not show the original text. BUT
where the court thinks it desirable for both the original text and the amendments to be
shown, the court may direct that the amendments should be shown either:
(1) by coloured amendments, either manuscript or computer generated, or
(2) by use of a numerical code in a monochrome computer-generated document.
2.3 Where colour is used, the text to be deleted should be struck through in colour and
any text replacing it should be inserted or underlined in the same colour.
2.4 The order of colours to be used: (1) red, (2) green, (3) violet and (4) yellow.
s.35, LA 1980 (New claims in pending actions: rules of court
Generally, the court will not allow new claims to be brought under s.35, once the limitation
period expired, subject to exceptions (b/c it would deprive D the defence of expiration of
limitation)
Permission or consent to amend
Cost consequences of amendment
CPR: Part 17
17.1 Amendments to statements of case
A party may amend his statement of case at any time before it has been served on any
other party.
If his statement of case has been served, a party may amend it only— with the written
consent of all the other parties; or with the permission of the court. Here, an application to
amend by removing, adding or substituting a party must be made in accordance with 19.4.
Amendments to a SOC must be verified by a SOT, unless the court orders otherwise.
17.2 Power of court to disallow amendments made without permission
If a party has amended his statement of case where the court’s permission was not
required, the court may disallow the amendment. A party may apply to the court for such
order within 14 days of service of a copy of the amended statement of case on him.
17.3 Amendments to statements of case with the permission of the court
Where the court gives permission for a party to amend his statement of case, it may give
directions as to— amendments to be made to any other statement of case; and service of
any amended statement of case.
The power of the court to give permission under this rule is subject to- 19.2 (change of
parties—general), 19.5 (special provisions about adding or substituting parties after the end
of a relevant limitation period) and 17.4 (amendments of statement of case after the end of
a relevant limitation period).
17.4 Amendments to statements of case after the end of a relevant limitation period
Applies where— a party applies to amend his statement of case in one of the ways
mentioned in this rule; and a period of limitation has expired under— LA 1980, FLPA 1984
or any other enactment which allows such an amendment.
The court may allow an amendment to add or substitute a new claim, but only if the new
claim arises out of the same facts or substantially the same facts as a claim in respect of
which the party applying for permission has already claimed a remedy in the proceedings.
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.
The court may allow an amendment to alter the capacity in which a party claims if the new
capacity is one which that party had when the proceedings started or has since acquired.
(19.5 - circumstances the court may allow a new party to be added or substituted after the
end of a relevant limitation period)
, SYLLABUS 8 AMENDMENT
PD 17
SYLLABUS INCLUDES words under heading A party applying for an amendment will
usually be responsible for the costs of and arising from the amendment.
Para 1 Applications to amend where the permission of the court is required
1.1 The application may be dealt with at a hearing or, if r.23.8 applies, without a hearing.
1.2 When making an application to amend a statement of case, the applicant should file
with the court- the application notice, and a copy of the statement of case with the
proposed amendments.
1.3 Where permission to amend has been given, the applicant should within 14 days of
the date of the order, or within such other period as the court may direct, file with the
court the amended statement of case.
1.4 If the substance of the statement of case is changed by reason of the amendment, the
statement of case should be re-verified by a statement of truth.
1.5 A copy of the order and the amended statement of case should be served on every
party to the proceedings, unless the court orders otherwise.
Para 2 General
2.1 The amended statement of case and the court copy of it should be endorsed:
(1) Where the court’s permission was required:
“Amended [Particulars of Claim or as may be] by Order of [Master ….] [District Judge …. or
as may be] [Legal Adviser] dated ….”
(2) Where the court’s permission was not required:
“Amended [Particulars of Claim or as may be] under CPR 17.1 or (2) (a) dated…”
2.2 The statement of case in its amended form need not show the original text. BUT
where the court thinks it desirable for both the original text and the amendments to be
shown, the court may direct that the amendments should be shown either:
(1) by coloured amendments, either manuscript or computer generated, or
(2) by use of a numerical code in a monochrome computer-generated document.
2.3 Where colour is used, the text to be deleted should be struck through in colour and
any text replacing it should be inserted or underlined in the same colour.
2.4 The order of colours to be used: (1) red, (2) green, (3) violet and (4) yellow.
s.35, LA 1980 (New claims in pending actions: rules of court
Generally, the court will not allow new claims to be brought under s.35, once the limitation
period expired, subject to exceptions (b/c it would deprive D the defence of expiration of
limitation)
