Learning Outcomes
After reading this article, you will understand when and how statements of case can be amended in civil litigation. You will be able to identify the correct procedure for amendments before and after service, explain the court’s approach to granting permission, and apply the rules on limitation and new claims. This knowledge will enable you to answer SQE1 questions on progressing a claim and managing pleadings effectively.
SQE1 Syllabus
For SQE1, you are required to understand the rules and practical considerations for amending statements of case. Focus your revision on:
- the procedural rules for amending statements of case under CPR Part 17
- when amendments can be made without court permission and when permission is required
- the court’s approach to granting or refusing amendments, including the overriding objective and prejudice to parties
- the effect of limitation periods on amendments, especially for new claims or parties
- the practical steps for seeking and drafting amendments
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- When can a party amend a statement of case without the court’s permission?
- What factors will the court consider when deciding whether to allow an amendment to a statement of case?
- How does the limitation period affect the ability to add a new claim or party by amendment?
- What must a party do when seeking to amend a statement of case after it has been served?
Introduction
Amendments to statements of case are a routine but important part of progressing a civil claim. As litigation develops, parties may need to correct errors, clarify issues, or add new facts or claims. The Civil Procedure Rules (CPR) Part 17 sets out the framework for making amendments, balancing flexibility with fairness to all parties. Understanding the rules and the court’s approach is essential for effective case management and for SQE1 success.
Amending Statements of Case: The Rules
When Can Amendments Be Made Without Permission?
A party may amend its statement of case once at any time before it has been served on any other party, without needing the court’s permission.
Key Term: statement of case
A formal document setting out a party’s case in civil proceedings, such as a claim form, particulars of claim, defence, or reply.Key Term: amendment
A change or addition made to a statement of case, correcting, clarifying, or expanding the issues in dispute.
If the statement of case has already been served, further amendments generally require either the written consent of all other parties or the court’s permission.
When Is Court Permission Required?
Once a statement of case has been served, a party must seek the court’s permission to amend unless all other parties agree in writing. The court has wide discretion to allow or refuse amendments at any stage of proceedings.
Key Term: court’s discretion
The power of the court to decide whether to allow or refuse an application, considering all relevant circumstances and the overriding objective.
The Court’s Approach to Amendments
When deciding whether to allow an amendment, the court will consider:
- The stage of proceedings and timing of the application
- The reason for the amendment (e.g. correcting a genuine mistake, adding new facts, or introducing a new claim)
- Whether the amendment is necessary for the case to be decided justly
- Any prejudice or unfairness to other parties, including delay or additional costs
- The overriding objective of dealing with cases justly and at proportionate cost
The court is more likely to allow early amendments that clarify the issues or correct errors. Late amendments, especially those close to trial or introducing new claims, will be scrutinised carefully and may be refused if they cause unfairness or disrupt the timetable.
Worked Example 1.1
A claimant realises after serving the particulars of claim that they have misstated the date of the contract. The defendant has not yet filed a defence. Can the claimant amend the particulars of claim without court permission?
Answer: No. Once the particulars of claim have been served, the claimant must obtain either the written consent of the defendant or the court’s permission to amend.
Limitation and Amendments
Amendments may be affected by limitation periods. If an amendment seeks to add a new claim or party after the limitation period has expired, the court will only allow it in limited circumstances.
Key Term: limitation period
The maximum period allowed by law to bring a claim, after which the claim is barred.Key Term: new claim
A claim involving new facts, causes of action, or parties not included in the original statement of case.
The court may permit an amendment to add a new claim after limitation only if:
- The new claim arises out of the same or substantially the same facts as those already in issue; or
- The amendment corrects a genuine mistake as to the name of a party, provided the mistake was not misleading or intentional.
Worked Example 1.2
A claimant wishes to add a claim for negligent misstatement after the limitation period has expired. The facts supporting the new claim are the same as those already pleaded for misrepresentation. Will the court allow the amendment?
Answer: Yes, if the new claim arises out of the same or substantially the same facts as the existing claim, the court may allow the amendment despite the expiry of the limitation period.
Practical Steps for Amending Statements of Case
When seeking to amend a statement of case after service, a party should:
- Prepare a draft of the amended statement of case, clearly showing the proposed changes (e.g. underlining additions and striking through deletions).
- File an application notice with the court, attaching the draft amendment and any supporting evidence (such as a witness statement explaining the need for the amendment).
- Serve the application and draft amendment on all other parties.
- If the court grants permission, file and serve the amended statement of case as directed.
If all parties consent in writing to the amendment, court permission is not needed, but the amended document must still be filed and served.
Worked Example 1.3
A defendant discovers new evidence supporting a counterclaim after serving the defence. The claimant agrees in writing to the amendment. What should the defendant do?
Answer: The defendant can amend the defence and counterclaim with the claimant’s written consent, then file and serve the amended document on the court and all parties.
Case Management and Amendments
The court may give directions to manage the impact of an amendment, such as:
- Adjusting deadlines for disclosure or witness statements
- Allowing further amendments or responses
- Making costs orders to compensate parties for additional work caused by the amendment
Exam Warning
If an amendment is sought very late, especially close to trial, the court may refuse permission or impose conditions (such as costs or adjournment). Always act promptly if an amendment is needed.
Revision Tip
Seek to identify possible amendments early in proceedings. Prompt applications are more likely to be granted and reduce the risk of prejudice or wasted costs.
Key Point Checklist
This article has covered the following key knowledge points:
- Amendments to statements of case are governed by CPR Part 17.
- A party may amend a statement of case once before service without permission.
- After service, amendments require either written consent of all parties or court permission.
- The court considers timing, necessity, prejudice, and the overriding objective when deciding on amendments.
- Amendments adding new claims or parties after limitation are only allowed in limited circumstances.
- Draft amendments must clearly show proposed changes and be supported by evidence if required.
- The court may give directions and make costs orders when granting amendments.
Key Terms and Concepts
- statement of case
- amendment
- court’s discretion
- limitation period
- new claim
