Amendment of Pleadings in UK Law
-
Costellow v Somerset County Council
“
As so often happens, this problem arises at the intersection of two principles, each in itself salutary. The first principle is that the rules of court and the associated rules of practice, devised in the public interest to promote the expeditious dispatch of litigation, must be observed. The prescribed time limits are not targets to be aimed at or expressions of pious hope but requirements to be met.
The second principle is that a plaintiff should not in the ordinary way be denied an adjudication of his claim on its merits because of procedural default, unless the default causes prejudice to his opponent for which an award of costs cannot compensate. This principle is reflected in the general discretion to extend time conferred by Order 3, rule 5, a discretion to be exercised in accordance with the requirements of justice in the particular case.
If the second principle were followed without exception, a well-to-do plaintiff willing and able to meet orders for costs made against him could flout the rules with impunity, confident that he would suffer no penalty unless or until the defendant could demonstrate prejudice. This would circumscribe the very general discretion conferred by Order 3, rule 5, and would indeed involve a substantial re-writing of the rule.
Save in special cases or exceptional circumstances, it can rarely be appropriate, on an overall assessment of what justice requires, to deny the plaintiff an extension (where the denial will stifle his action) because of a procedural default which, even if unjustifiable, has caused the defendant no prejudice for which he cannot be compensated by an award of costs.
-
Boake Allen Ltd and Others v HM Revenue and Customs
“
While it is good sense not to be pernickety about pleadings, the basic requirement that material facts should be pleaded is there for a good reason—so that the other side can respond to the pleaded case by way of admission or denial of facts, thereby defining the issues for decision for the benefit of the parties and the court. Proper pleading of the material facts is essential for the orderly progress of the case and for its sound determination.
-
Rolled Steel Products (Holdings) Ltd v British Steel Corporation
“
From the way they were raised by counsel and dealt with by the trial judge I was left with the impression that neither the judge nor defending counsel appreciated as fully as they should have done the need for precision and expedition when dealing with pleading points. If the parties do not know, unnecessary evidence may be got together and led or, even worse, necessary evidence may not be led. Pleadings regulate what questions may be asked of witnesses in cross-examination.
-
Smith (Geoffrey) v Henniker-Major & Company
“
-
Sheriff Courts (Scotland) Act 1907
... ... Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007 (S.S.I. 2007/6), para. 2(4)(a) # F458 1974 c. 39. # ... (9) Return of initial writSubject to rule 9.4 (lodging of pleadings before Options Hearing) , the pursuer shall return the initial writ, ... ...
-
Act of Sederunt (Rules of the Court of Session 1994) 1994
... ... on which the Act of Sederunt (Rules of Court, consolidation and amendment) 1965(2) was made) are, in so far as still in force, revoked ... (5) No ... ...
-
Supreme Court of Judicature Act 1875
... ... principal Act ... Amendment of 36 & 37 Vict. c. 66. s. 25. as torules of law upon certain points. 10 ... action upon such terms as shall seem just, and may direct such pleadings to be delivered, or such amendments in any pleadings to be made, and ... ...
-
County Court Rules 1981
... ... 14. Discovery and interrogatories ... 15. Amendment ... 16. Transfer of proceedings ... 17. Pre-trial review ... 18 ... plaintiff's cause or causes of action shall be contained in the pleadings or inserted in the documents for the use of the court at the hearing of ... ...
- Amendment of Pleadings
-
Index
... ... 333 Amendment of pleadings or written evidence appeals 352 I(PFD)A claims 337 ... ...
-
THE COST OF LITIGATION
... ... 4. Written Pleadings and Opportunities for Interlocutory Applica- 5. “ Orality ” ... JAN. 1954 THE COST OF LITIGATION 9 defend," that amendment of pleadings, discovery and inspection, should normally be ... ...
-
NOTES OF CASES
... ... company as a result of the court allowing an amendment to the defence. This is always an unhappy argument ... of any fault on their part, could amend their pleadings so as to join the surgeon as a co- defendant? That ... ...
-
Louisa Docherty And Others v Secretary Of State For Business Innovation And Skills And ICI
... ... the triennium, was a new claim set out in a subsequent Minute of Amendment time barred ... Background ... In 2015, twenty four pursuers ... the first pursuer died, and the pursuers required to amend their pleadings further. The Amendment deleted in its entirety the claim originally made ... ...
-
Construction, Property & Real Estate (Case Law Review, Issue 2 February 2007)
... ... that the claimant employer should not be allowed to amend its pleadings in a way inconsistent with the views expressed by the employer's ... The TCC considered the factors for and against allowing amendment of pleadings before holding that the balance in this case favoured ... ...
-
Case Law Update - Construction, Property & Real Estate (Issue 1 - 2010)
... ... Chambers Reported Cases on barring of new case arising from amendment of particulars of claim ... Requirements And Purpose Of Pleadings ... ...
-
Court Of Appeal Confirms Offer Relating To Proposed Claim By Amendment Was Not Valid Part 36 Offer
... ... offer can be made at any time, including before proceedings commence - at which time the claim/part/issue cannot be defined by reference to pleadings. The claimants argued on that basis that claim/part/issue should not be defined by reference to the pleadings after commencement either. Coulson LJ ... ...