Flashcards in Unit 11 - Amendments, Additional Parties and Additional Claims Deck (62)
Can a party amend their statement of case at any time?
No - only any time before it has been served on any other party. CPR 17.1(1)
If a statement of case has been served, when can a party amend it?
With written consent of all parties; or
With permission of the court.
Can a court disallow an amendment where the court's permission was not required for it?
What is the test to be applied in an opposed application to amend?
Whether the proposed new claim has a real prospect of success.
Do parties requesting a late amendment face a heavier burden?
Must show why he did not apply earlier + strength of case + why it is just.
Should parties inform each other of plans to seek amendments?
What are the principal matters to consider for late amendments?
Reason for not happening earlier
Respective prejudice to parties
Clarity of amendment sought
Under CPR 17.4, when will the court allow an amendment to a statement of case under which the limitation period has expired?
Only if the new claim arises out of (substantially) the same facts as a claim in respect of which P has already claimed a remedy.
Amendments to correct mistakes as to a party's name, where the mistake was genuine and not causing reasonable doubt as to the identity of the party in question:
Amendments to alter the capacity of a party if the new capacity is one which P had when proceedings started, or has since acquired.
Once permission to amend is given, how long does A have to file the amended SoC?
within 14 days of the order, or such other period as the court may direct.
Must an amended SoC be re-verified by a statement of truth?
Only if the substance of the case is changed.
With the exception of CPR 19.5 (post-limitation period), when may a court order a person to be added as a new party?
1. desirable to add them so the court can resolve all disputes;
2. an issue involves the new party and an existing party, and it is connected to the matters in dispute + desirable to add them to resolve.
When can the court order someone to cease being a party?
If it is not desirable for that person to be a party CPR 19.2(3)
A court may order a new party to be substituted for an existing one if:
The existing party's interest or liability has passed on to them; and
Desirable to subtitute them so that the court can resolve matters.
Is the court's permission to remove, add or substitute a party needed if the claim form has not been served?
Who can apply to have a a party removed, added or substituted?
An existing party or a person wishing to become a party.
Nobody may be added or substituted as a claimant unless
Consent in writing;
Consent filed by court.
An application for an order to substitute a party due to passing interest/liability requires notice and evidence. TRUE or FALSE.
Notice is not required, but it must be supported by evidence.
A new defendant does not become a party to the proceedings until...
...the amended claim form has been served on him.
CPR 20 concerns...
Does default judgment apply to counterclaims.
Yes, but not to other additional claims.
If D files their CC with their defence, do they need the court's permision to do so?
No. If they file it separately, they do.
What must a defendant do if they want to CC against a person other than the claimant?
Apply to court for an order that that party is added as an additional party.
When can a defendant file and serve a notice for contribution/indemnity claim without the court's permission?
If served with defence; or
It is against a party added to the claim later, and within 28 days of filing defence.
What matters must a court consider when considering whether an additional claim should be permitted, dismissed or made separately?
The connection between the claims;
Is the remedy sought substantially the same as what is being claimed from the applicant?
Does P want the court to decide questions connected with the subject-matter of the proceedings?
An application for permission to make an additional claim must be supported by evidence stating:
Stage of proceedings reached;
Nature of additional claim;
Questions to be decided;
Summary of facts upon which additional claim is based;
Name and address of any proposed additional party.
CPR 17 concerns
CPR 19 concerns
Adding and substituting parties
CPR 20 concerns
Do additional claims have to arise from the same incident as the original claim?