OpenLegislation

Rule 17.1 Amendments to statements of caseI1

England and Wales

(1)

A party may amend F1their statement of case F2, including by removing, adding or substituting a party, 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.

F3(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.

F4(4)

A party who files a notice under Part 38 discontinuing all or part of a claim may amend their statement of case without the court’s permission to give effect to the discontinuance.

F5...

  • (Part 22 requires amendments to a statement of case to be verified by a statement of truth unless the court orders otherwise)

Annotations

Textual amendments

F1

Word in rule 17.1(1) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 11(1)(a)(i)

F2

Words in rule 17.1(1) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 11(1)(a)(ii)

F3

Rule 17.1(3) inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 7(a)

F4

Rule 17.1(4) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 11(1)(b)

F5

Words in rule 17.1 omitted (2.5.2000) by virtue of The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 7(b)

Commencement

I1

Rule 17.1 in force at 26.4.1999, see Signature