The Civil Procedure Rules 1998

Amendments to statements of case after the end of a relevant limitation period E+W

17.4—(1) This rule applies where—

(a) a party applies to amend his statement of case in one of the ways mentioned in this rule; and

(b) a period of limitation has expired under—

(i) the Limitation Act 1980(1);

(ii) the Foreign Limitation Periods Act 1984(2);

(iii) section 190 of the Merchant Shipping Act 1995(3); or

(iv) any other statutory provision.

(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 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.

(Rule 19.4 specifies the circumstances in which the court may allow a new party to be added or substituted after the end of a relevant limitation period^(GL))

Commencement Information

I1 Rule 17.4 in force at 26.4.1999, see Signature

(1)

1980 c. 58.

(2)

1984 c. 16.

(3)

1995 c. 21.