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1: Complete form N244 Application asking the court for permission to amend the claim. You will need to pay a fee (application without consent £155) unless you qualify for fee remission (form EX160A)
2: It is preferable to attach the proposed amended statement of case to the N244
- you need THREE copies of the amendments
- You must strike through anything you are changing on the original claim in RED
- The new statement must be in RED/underlines in RED
- The new statement should be titled ' Amended Particulars of Claim/Defence under CPR rule 17.1(2)b dated XXXXXXXXXX'
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Civil Procedure Rules
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 –
(a) with the written consent of all the other parties; or
(b) 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 –
(a) amendments to be made to any other statement of case; and
(b) service of any amended statement of case.
(2) The power of the court to give permission under this rule is subject to –
(a) rule 19.1 (change of parties – general);
(b) rule 19.4 (special provisions about adding or substituting parties after the end of a relevant limitation period(GL)); and
(c) 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) a party applies to amend his statement of case in one of the ways mentioned in this rule; and
(b) a period of limitation has expired under –
(i) the Limitation Act 19801;
(ii) the Foreign Limitation Periods Act 19842; or
(iii) any other enactment which allows such an amendment, or under which such an amendment is allowed.
(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 19.5 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))
Practise Direction
A party applying for an amendment will usually be responsible for the costs of and arising from the amendment.
Applications to amend where the permission of the court is required
1.1
The application may be dealt with at a hearing or, if rule 23.8 applies, without a hearing.
1.2
When making an application to amend a statement of case, the applicant should file with the court:
(1) the application notice, and
(2) a copy of the statement of case with the proposed amendments.
1.3
Where permission to amend has been given, the applicant should within 14 days of the date of the order, or within such other period as the court may direct, file with the court the amended statement of case.
1.4
If the substance of the statement of case is changed by reason of the amendment, the statement of case should be re-verified by a statement of truth1.
1.5
A copy of the order and the amended statement of case should be served on every party to the proceedings, unless the court orders otherwise.
General
2.1
The amended statement of case and the court copy of it should be endorsed as follows:
(1) where the court’s permission was required:
Amended [Particulars of Claim or as may be] by Order of [Master ............][District Judge .............. or as may be] dated...............
(2) Where the court’s permission was not required:
Amended [Particulars of Claim or as may be] under CPR [rule 17.1(1) or (2)(a)] dated..................
2.2
The statement of case in its amended form need not show the original text. However, where the court thinks it desirable for both the original text and the amendments to be shown, the court may direct that the amendments should be shown either:
(1) by coloured amendments, either manuscript or computer generated, or
(2) by use of a numerical code in a monochrome computer generated document.
2.3
Where colour is used, the text to be deleted should be struck through in colour and any text replacing it should be inserted or underlined in the same colour.
2.4
The order of colours to be used for successive amendments is: (1) red, (2) green, (3) violet and (4) yellow.
(For information about changes to parties see Part 19 and the practice direction which supplements it.)
PRACTICE DIRECTION UNFAIR RELATIONSHIPS - Ministry of Justice
The Consumer Credit Act procedure
5.1
In the types of claim to which paragraph 3 applies the court will fix a hearing date on the issue of the claim form.
5.2
The particulars of claim must be served with the claim form.
5.3
Where a claimant is using the Consumer Credit Act procedure, the defendant to the claim is not required to:
(1) serve an acknowledgment of service, or
(2) file a defence, although he may choose to do so.
5.4
Where a defendant intends to defend a claim, his defence should be filed within 14 days of service of the particulars of claim. If the defendant fails to file a defence within this period, but later relies on it, the court may take such a failure into account as a factor when deciding what order to make about costs.
5.5
Part 12 (default judgment) does not apply where the claimant is using the Consumer Credit Act procedure.
5.6
Each party must be given at least 28 days’ notice of the hearing date.
5.7
Where the claimant serves the claim form, he must serve notice of the hearing date at the same time, unless the hearing date is specified in the claim form.
2: It is preferable to attach the proposed amended statement of case to the N244
- you need THREE copies of the amendments
- You must strike through anything you are changing on the original claim in RED
- The new statement must be in RED/underlines in RED
- The new statement should be titled ' Amended Particulars of Claim/Defence under CPR rule 17.1(2)b dated XXXXXXXXXX'
================================================== ==========
Civil Procedure Rules
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 –
(a) with the written consent of all the other parties; or
(b) 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 –
(a) amendments to be made to any other statement of case; and
(b) service of any amended statement of case.
(2) The power of the court to give permission under this rule is subject to –
(a) rule 19.1 (change of parties – general);
(b) rule 19.4 (special provisions about adding or substituting parties after the end of a relevant limitation period(GL)); and
(c) 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) a party applies to amend his statement of case in one of the ways mentioned in this rule; and
(b) a period of limitation has expired under –
(i) the Limitation Act 19801;
(ii) the Foreign Limitation Periods Act 19842; or
(iii) any other enactment which allows such an amendment, or under which such an amendment is allowed.
(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 19.5 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))
Practise Direction
A party applying for an amendment will usually be responsible for the costs of and arising from the amendment.
Applications to amend where the permission of the court is required
1.1
The application may be dealt with at a hearing or, if rule 23.8 applies, without a hearing.
1.2
When making an application to amend a statement of case, the applicant should file with the court:
(1) the application notice, and
(2) a copy of the statement of case with the proposed amendments.
1.3
Where permission to amend has been given, the applicant should within 14 days of the date of the order, or within such other period as the court may direct, file with the court the amended statement of case.
1.4
If the substance of the statement of case is changed by reason of the amendment, the statement of case should be re-verified by a statement of truth1.
1.5
A copy of the order and the amended statement of case should be served on every party to the proceedings, unless the court orders otherwise.
General
2.1
The amended statement of case and the court copy of it should be endorsed as follows:
(1) where the court’s permission was required:
Amended [Particulars of Claim or as may be] by Order of [Master ............][District Judge .............. or as may be] dated...............
(2) Where the court’s permission was not required:
Amended [Particulars of Claim or as may be] under CPR [rule 17.1(1) or (2)(a)] dated..................
2.2
The statement of case in its amended form need not show the original text. However, where the court thinks it desirable for both the original text and the amendments to be shown, the court may direct that the amendments should be shown either:
(1) by coloured amendments, either manuscript or computer generated, or
(2) by use of a numerical code in a monochrome computer generated document.
2.3
Where colour is used, the text to be deleted should be struck through in colour and any text replacing it should be inserted or underlined in the same colour.
2.4
The order of colours to be used for successive amendments is: (1) red, (2) green, (3) violet and (4) yellow.
(For information about changes to parties see Part 19 and the practice direction which supplements it.)
PRACTICE DIRECTION UNFAIR RELATIONSHIPS - Ministry of Justice
The Consumer Credit Act procedure
5.1
In the types of claim to which paragraph 3 applies the court will fix a hearing date on the issue of the claim form.
5.2
The particulars of claim must be served with the claim form.
5.3
Where a claimant is using the Consumer Credit Act procedure, the defendant to the claim is not required to:
(1) serve an acknowledgment of service, or
(2) file a defence, although he may choose to do so.
5.4
Where a defendant intends to defend a claim, his defence should be filed within 14 days of service of the particulars of claim. If the defendant fails to file a defence within this period, but later relies on it, the court may take such a failure into account as a factor when deciding what order to make about costs.
5.5
Part 12 (default judgment) does not apply where the claimant is using the Consumer Credit Act procedure.
5.6
Each party must be given at least 28 days’ notice of the hearing date.
5.7
Where the claimant serves the claim form, he must serve notice of the hearing date at the same time, unless the hearing date is specified in the claim form.
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