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Flowcharts for Amending a Statement of Claim

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Topic Notes on the Amending of a Statement of Claim (particulars of claim, defences) Scored Distinction in the Civil Litigation module

Institution
Course

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Do I need to get permission for
an amendment?



Has the statement of case been
issued, filed and served?




Before issued, After filing/issue BUT After service
filed or served before service



Does the amendment
Can be made w/o court involve a change of parties?
permission or party consent
No need to seek at ANY time
permission from anyone to
change the SOC Yes No
BUT – court has power to
disallow amendments made
in this way amendments
made if a party applies with
the 14-day time limit of being
served with the amended
SOC
If other party gives
Can ONLY be made w/ consent à do not
court permission need to involve court

If consent not givenà
Court can permit need court permission
disallowances made w/ to amend
written consent of ALL other
parties but ONLY in
NB: if amendment is irregular exceptional circumstances –
(i.e., made w/o permission otherwise inappropriate
when permission required à
party wishing to challenge it
should apply to strike out SOC

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Uploaded on
July 9, 2021
Number of pages
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Written in
2020/2021
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