Overview
Once Statements of Case have been filed and served, it is possible to amend a Statement of Case; amending a Statement of Case is covered under Civil Procedure Rule 17.
Reasons and Uses
Amending a Statement of Case can only be allowed to happen in two circumstances;
- The opponent(s) agree to the amend(s)
- With the Court’s permission
It would be unusual for an opponent to agree to an amend of the other sides’ Statement of Case, so usually it would be an Application to the Court. The Applicant would need to prove to the Court that there is a risk of prejudice and/or injustice if the amend(s) is not allowed.
An example where it may be appropriate to agree and/or the Court to grant permission for an amended Statement of case, is in circumstances where there is a preliminary issue to be decided by the Court. For example, in defamation claims, it’s often the case the Court will decide the meaning the ‘words complained of’ – which will then require an amended Defence, if meaning has been put to issue.
A key point about amends is a Claimant can’t keep amending their claim ‘until they get it right’ – this is problem A Shade Greener’s Brian Fowler found out the hard way. Amends to Particulars of Claim or the Claim Form may be necessary if additional losses and/or causes of action occur (or are identified) once the Claim has been served.
Really, if a Claimant issues a claim its because they have a claim at the time – so there need to be fairly unusual circumstances to change the claim once the Particulars of Claim have been issued. Claimants who keep changing/amending their claim should be viewed with suspicion – and the Court is likely to form the same view of a party who repeatedly amends their Statements of Case.
The follow on from an amended Particulars of Claim is that an amended Defence and Reply will follow.
