Amendment

Question 1

Before filing

Answer 1

Can amend as of right

Question 2

After filing but before service

Answer 2

Amending fine w/o permission

Question 3

After service

Answer 3

Written consent of party or permission of court (in accordance with overriding objective)

Question 4

Amendments after limitation

Answer 4

• Only tidying up amendments permitted
• Can only add a new cause of action where: new claim is an original set-of or counterclaim; court disapplies the PI 3 year time limit under s 33; or new claim arises out of the same facts as already in issue

Question 5

Permission to add parties after limitation

Answer 5

• Before limitation = where desirable

- After limitation = where complies with the CPR and is necessary (mistake as to name, e.g.)

Question 6

Order for costs is made against…

Answer 6

…the party seeking the amendment