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The Report on the Review of Civil Procedures

Part 20

Changes to Statements of Case

Contents of this Part

Changes to statements of case Rule 20.1
Changes to statements of case after the end of a relevant limitation period Rule 20.2

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Changes to Statements of Case

20.1 (1) A statement of case may be changed at any time prior to a case management conference without the court's permission

(2) The court may give permission to change a statement of case at a case management conference.

(3) The court may not give permission to change a statement of case after a case management conference unless the party wishing to change a statement of case can satisfy the court that the change is necessary because of some change in circumstances which became known after the case management conference.

(4) A statement of case may not be changed without permission under this rule if the change is one to which -

(a) rule 19.2 (change of parties - general); or

(b) rule 19.6 (special provisions about changing parties after the end of a relevant limitation period); or

(c) rule 20.2 (change of case after the end of a relevant limitation period), applies.

Change to statement of case after the end of a relevant limitation period

20.2 (1) This rule applies to a change in a statement of case after the end of a period of limitation under [relevant statute].

(2) The court may allow an amendment, the effect of which will be to add or substitute a new claim, but only if the new claim arises out of the same 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 in all the circumstances 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 19.6 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)

? is legislation needed

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