PART 17AMENDMENTS TO STATEMENTS OF CASE
Amendments to statements of case | Rule 17.1 |
Power of court to disallow amendments made without permission | Rule 17.2 |
Amendments to statements of case with the permission of the court | Rule 17.3 |
Amendments to statements of case after the end of a relevant limitation period | Rule 17.4 |
Amendments to statements of caseI117.1
1
2
If his statement of case has been served, a party may amend it only—
a
with the written consent of all the other parties; or
b
with the permission of the court.
F13
If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with rule 19.4.
F84
A party who files a notice under Part 38 discontinuing all or part of a claim may amend their statement of case without the court’s permission to give effect to the discontinuance.
F2...
(Part 22 requires amendments to a statement of case to be verified by a statement of truth unless the court orders otherwise)
Power of court to disallow amendments made without permissionI217.2
1
If a party has amended F9their statement of case where permission of the court was not required, the court may disallow the amendment.
2
A party may apply to the court for an order under paragraph (1) within 14 days of service of a copy of the amended statement of case on F10them.
Amendments to statements of case with the permission of the courtI317.3
1
Where the court gives permission for a party to amend F11their statement of case, it may give directions as to—
a
amendments to be made to any other statement of case; and
b
service of any amended statement of case.
2
The power of the court to give permission under this rule is subject to—
a
rule F1219.2 (change of parties—general);
b
rule F1319.6 (special provisions about adding or substituting parties after the end of a relevant limitation period(GL)); and
c
rule 17.4 (amendments of statement of case after the end of a relevant limitation period).
Amendments to statements of case after the end of a relevant limitation periodI417.4
1
This rule applies where—
a
a party applies to amend F14their statement of case in one of the ways mentioned in this rule; and
2
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 facts or substantially the same facts F15as are already in issue on as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings.
3
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.
4
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.