Amendments to statements of case (where limitation is not an issue)

by Practical Law Dispute Resolution

A practice note that considers the circumstances in which statements of case may be amended in civil litigation. This practice note examines the procedural rules under the Civil Procedure Rules (CPR), primarily CPR 17 and CPR 19, distinguishing between amendments that can be made with consent or before service and those requiring the court's permission. It outlines the core principles the court applies when exercising its discretion on an application for permission to amend, including the crucial "real prospect of success" test. The guidance further explores the stricter approach taken towards late or very late applications, particularly where a trial date may be jeopardised. Key topics addressed include the process for adding, substituting, or removing parties; amending to add a new cause of action; and withdrawing admissions. This practice note also provides practical insights into the costs implications and procedural steps involved in making a successful amendment application, serving as a valuable resource for practitioners navigating changes to their pleadings.