Litigation is rarely tidy. As a case develops, a statement of case may turn out to be unclear, incomplete or simply wrong — perhaps a fact was missed, a claim needs adding, or the wrong company was named as defendant. A solicitor needs to know how to put these things right, what can be done freely, and when the court's permission is required. Getting this wrong can be costly, especially once a limitation period has run out.
This lesson walks you through the practical tools the CPR provides and the rules that govern each one.
- Overview and Requests for Further Information — how to seek clarification of an opponent's case and the test the court applies.
- Amending a Statement of Case (Part 17) — when you can amend your own case, with or without permission, and who pays.
- Amendment and Limitation — the stricter limits on adding a new claim once limitation has expired.
- Changing Parties (Part 19) — adding, removing or substituting parties, and the test the court uses.
- Changing Parties and Limitation — when a party can still be added or substituted after limitation has run, and what 'necessary' means.
