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PART 17E+WAMENDMENTS TO STATEMENTS OF CASE

Contents of this Part

Amendments to statements of caseRule 17.1
Power of court to disallow amendments made without permissionRule 17.2
Amendments to statements of case with the permission of the courtRule 17.3
Amendments to statements of case after the end of a relevant limitation periodRule 17.4

Amendments to statements of caseE+W

17.1—(1) A party may amend [F1their] statement of case [F2, including by removing, adding or substituting a party,] at any time before it has been served on any other party.

(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.

[F3(3) 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.]

[F4(4) 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.]

F5...

Textual Amendments

Commencement Information

I1Rule 17.1 in force at 26.4.1999, see Signature

Power of court to disallow amendments made without permissionE+W

17.2—(1) If a party has amended [F6their] 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 [F7them].

Textual Amendments

Commencement Information

I2Rule 17.2 in force at 26.4.1999, see Signature

Amendments to statements of case with the permission of the courtE+W

17.3—(1) Where the court gives permission for a party to amend [F8their] 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 [F919.2] (change of parties—general);

(b)rule [F1019.6] (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).

Textual Amendments

Commencement Information

I3Rule 17.3 in force at 26.4.1999, see Signature

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

17.4—(1) This rule applies where—

(a)a party applies to amend [F11their] 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); [F12or]

[F13(iii)any other enactment which allows such an amendment, or under which such an amendment is allowed.]

(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 [F14as 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.

([F15Rule [F1619.6]] 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))

Textual Amendments

F13Rule 17.4(1)(b)(iii) substituted for rule 17.4(1)(b)(iii)(iv) (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 7(1)(b)

Commencement Information

I4Rule 17.4 in force at 26.4.1999, see Signature