Can You Later Change a Statement of Case in an Issued Court Claim?
It’s not uncommon for a party to want to update or clarify their case after issuing court proceedings, usually because new facts have emerged or something was left out originally. The good news is that it is possible to amend your statement of case even after the issue. However, you must make an application, and the courts won’t grant permission automatically. Importantly there are also usually costs consequences to later amendments which can impact your position significantly and which therefore need to be taken into account.
The court considers applications to amend a statement of case in accordance with Part 17 of the Civil Procedure Rules (CPR), the rules that govern civil claims in England and Wales. You’ll need the court’s permission to make changes once the claim has been served and the timing, content, need for and quality of any amendment is critical. The court will consider whether the amendment is necessary to resolve the real issues in dispute and whether it would unfairly prejudice the other party to allow an amendment, or not.
Minor changes made early in the process will likely be allowed, while late or substantial amendments will face greater scrutiny. If you’ve already had a case management hearing or disclosure, the bar is even higher. The starting point is that where the court allow an amendment they will usually make an order that the person amending their statement of case, pay the costs of or caused by the amendment. Timing an amendment and looking for ways to reduce the impact is therefore critically important to reduce the negative impact of a change in terms of costs.
Our commercial, property and construction litigation teams work nationally. We’re often instructed in disputes in place of other solicitors where something has gone wrong or simply hasn’t gone well to date, also where perhaps a company or individual has previously been acting in person but has reached a point where it no longer feels appropriate to do so. Amendments to statements of case can then be necessary to maximise your prospects of success, and to position you to win at trial, but strategically trying to minimise negative impacts can be key. Conversely maximising your position if an opponent is seeking to amend can provide useful leverage.
If you’re considering making changes to your statement of case or think you may need to do so, make sure you obtain specialised legal advice before actioning any change. Poorly timed or badly handled amendments can lead to delays, increased costs, or even a refusal by the court to allow changes.
If you need legal advice about any aspect of your dispute, including change to a statement of case, reach out to our experienced specialist litigation team today. We work nationally, have decades of experience in handling disputes successfully, and would love to assist you.