Rule 17.4 Amendments to statements of case after the end of a relevant limitation periodI1
England and Wales
This rule applies where—
a party applies to amend F1their statement of case in one of the ways mentioned in this rule; and
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 F4as are already in issue on as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings.
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.
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.
(F5Rule F619.6 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(GL))
Annotations
Textual amendments
- F1
Word in rule 17.4(1)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 11(4)(a)
- F2
Word in rule 17.4(1)(b)(ii) inserted (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 7(1)(a)
- F3
Rule 17.4(1)(b)(iii) substituted for rule 17.4(1)(b)(iii)(iv) (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 7(1)(b)
- F4
Words in rule 17.4(2) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 11(4)(b)
- F5
Words in rule 17.4 substituted (26.3.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 7(2)
- F6
Word in rule 17.4 substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 11(4)(c)
Commencement
Footnotes
- f1
- f2