> ### CIVIL PROCEDURE RULES

> ### PART 17 AMENDMENTS TO STATEMENTS OF CASE

> ### See also Practice Directions

> ### CONTENTS OF THIS PART

> Amendments to statements of case | Rule 17.1
> Power of court to disallow amendments made without permission | Rule 17.2
> Amendments to statements of case with the permission of the court | Rule 17.3
> Amendment to statements of case after the end of a relevant limitation period | Rule 17.4

> ### AMENDMENTS TO STATEMENTS OF CASE

> 17.1 | (1) | A party may amend his statement of case at any time before it has been served on any other party.
> | (2) | If his statement of case has been served, a party may amend it only - with the written consent of all the other parties; or with the permission of the court.
> | (3) | If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with rule 19.4.
> | (Part 22 requires amendments to a statement of case to be verified by a statement of truth unless the court orders otherwise)

> ### POWER OF COURT TO DISALLOW AMENDMENTS MADE WITHOUT PERMISSION

> 17.2 | (1) | If a party has amended his statement of case where permission of the court was not required, the court may disallow the amendment.
> | (2) | A party may apply to the court for an order under paragraph (1) within 14 days of service of a copy of the amended statement of case on him.

> ### AMENDMENTS TO STATEMENTS OF CASE WITH THE PERMISSION OF THE COURT

> 17.3 | (1) | Where the court gives permission for a party to amend his statement of case, it may give directions as to - amendments to be made to any other statement of case; and service of any amended statement of case.
> | (2) | The power of the court to give permission under this rule is subject to - rule 19.1 (change of parties - general); rule 19.4 (special provisions about adding or substituting parties after the end of a relevant limitation period(GL)); and rule 17.4 (amendments of statement of case after the end of a relevant limitation period).

> ### AMENDMENTS TO STATEMENTS OF CASE AFTER THE END OF A RELEVANT LIMITATION PERIOD

> 17.4 | (1) | This rule applies where - a party applies to amend his statement of case in one of the ways mentioned in this rule; and a period of limitation has expired under - the Limitation Act 1980(19); the Foreign Limitation Periods Act 1984(20); section 190 of the Merchant Shipping Act 1995(21); or any other statutory provision.
> | (2) | The court may allow an amendment whose effect will be to add or substitute a new claim, but only if the new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings.
> | (3) | The court may allow an amendment to correct a mistake as to the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question.
> | (4) | The court may allow an amendment to alter the capacity in which a party claims if the new capacity is one which that party had when the proceedings started or has since acquired.
> | (Rule 19.4 specifies the circumstances in which the court may allow a new party to be added or substituted after the end of a relevant limitation period(GL))

> ### Endnote:

> (19) | 1980 c.58.
> (20) | 1984 c.16.
> (21) | 1995 c.21.

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