 |  |
|
 |
 |
 |
 |
|  |
|  |
|
K5.4. Amendment
| 296. | The White Book points out that amendments are less readily approved by the court because of "the increased attention the court now gives to statements of case." (Note 239) The thrust of the rules is to require precision and a more advanced appreciation of one's case before pleading it (hence the complaints about front-end loading of costs) so that early crystallization of the issues improving the chances of early settlement and more efficient case management. It would run counter to these objectives to allow a party to put in a slipshod statement of case in the knowledge that it can be placed on a more permanent footing later. |
| 297. | Accordingly, under the CPR one amendment without leave is allowed before the document is served, but thereafter, either the leave of the court or the written consent of all the parties is required for an amendment. The consent option is unavailable and the court's permission is required where the amendment is to change the parties. (Note 240) |
| 298. | Readers are consulted as to the possible adoption of measures similar to those discussed in relation to pleadings, statements of truth, amendments and requests for further information: Proposals 9 to 13. |
Notes
| 239 | White Book 17.0.2. <back> |
| 240 | CPR 17.1. <back> |
|
 |
|
