- tocCivil Procedure Rules
|Contents of this Part|
|Changes to statements of case||Rule 20.1|
|Changes to statement of case after end of relevant limitation period||Rule 20.2|
|Filing an amended statement of case||Rule 20.3|
|Amendments to statements of case and time for service||Rule 20.4|
- A statement of case may be amended once, without the court’s permission, at any time prior to the date fixed by the court for the first case management conference.
- The court may give permission to amend a statement of case at a case management conference or at any time on an application to the court.
- When considering an application to amend a statement of case pursuant to Rule 20.1(2), the factors to which the court must have regard are –
- how promptly the applicant has applied to the court after becoming aware that the change was one which he or she wished to make;
- the prejudice to the applicant if the application were refused;
- the prejudice to the other parties if the change were permitted;
- whether any prejudice to any other party can be compensated by the payment of costs and or interest;
- whether the trial date or any likely trial date can still be met if the application is granted; and
- the administration of justice.
- An amended statement of case may not be amended without permission under this Rule if the change is one to which any of the following applies –
- Rule 19.4 (special provisions about adding or substituting parties at the end of the relevant limitation period); and
- Rule 20.2 (changes to statement of case after the end of relevant period)
- An amended statement of case must include a certificate of truth under Rule 3.12.
- The Chief Justice may, by practice direction, set out the procedure for –
- making an application to change a statement of case where the Court’s permission is required;
- setting out changes to an amended statement of case.
- Rule 27.3(1) deals with the fixing of case management conference.
- This rule applies to a change in a statement of case after the end of a relevant limitation period.
- The court may allow an amendment the effect of which will be to add or substitute a new claim but only if the new claim arises out of the same or substantially the same facts as a claim in respect of which the party wishing to change the statement of case 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 in all the circumstances 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.
- 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.
- A party who amends his statement of case must file in the court office the original amended statement of case and one copy of the amended statement of case and, after filing, serve a copy of it on every other party.
- Where an amended statement of claim is served on a defendant –
- the defendant, if he or she has already served a defence on the claimant, may file and serve an amended defence;
- the period for filing and serving an amended defence is the period of 28 days after the date of service of the amended statement of claim;
- if the defendant has not already served a defence on the claimant, the period for filing and serving a defence is the period of 28 days after the date of service of the amended statement of claim.
- Where an amended defence is served on the claimant by a defendant –
- the claimant, if he or she has already served a reply on that defendant, may amend his or her reply; and
- the period of service of his or her reply or amended reply, as the case may be, shall be 14 days after the amended defence is served on him or her.
- In paragraphs (1) and (2), references to a defence and a reply include references to a counterclaim and a defence to a counterclaim respectively.
- Where a party has filed a statement of case in answer to another statement of case which is subsequently amended and served on him or her under this rule, then, if that party does not amend his or her statement of case in accordance with this rule, he or she shall be taken to rely on it in answer to the amended statement of case.
- This rule shall apply mutatis mutandis to an amended ancillary claim.