A Court Claim Has Been Issued, but I’ve Noticed an Error in the Documents – What Should I Do?
Mistakes or omissions in issued documents do happen – it is very common for amendments to claims, defences and replies (collectively known as statements of case) to be made as a claim progresses. Amendments are covered under Part 17 of the Civil Procedure Rules (CPR).
As specialist litigation solicitors we are regularly instructed in circumstances where someone needs to consider amending their position.
There are many reasons to amend a claim (or a defence), but the most common are adding additional facts, removing errors and changing calculations such as interest due.
A party can amend their pleaded case at any time during the claim if they have the written permission of all parties. If a claimant has not yet served their claim, they can amend it without permission of the opponent or the court – but they must re-file with the court.
If a statement of case has been served, and the other parties do not consent to their amendments, then the court’s permission will be required. A party will need to make an application to the court using the Part 23 CPR procedure and via an N244 form. This application will need to include an amended form of the statement of case, with amendments shown in red. The application will also need evidence in support.
Generally, the applying party will be responsible for the costs of their application. However, when deciding whether to provide their consent, the other party should consider the potential consequences of unreasonably withholding their consent. The party making the application may seek an order that the opponent pay their costs of making that application if they have acted disproportionately.
When considering an application, the court will consider the overriding objective of dealing with cases justly and at proportionate cost, as well as the overall circumstances. For example, if the amends are minor and the applying party has acted quickly, they will likely be granted permission. In contrast, if the amends sought significantly widen the scope of the claim or the matters in issue, or the applying party has delayed in making the application, they will be less likely to be granted permission.
One further issue to consider is the limitation issue. If a relevant limitation period has expired when permission to amend is sought, then the court’s scope to allow the amendment is much more restricted.
Overall, it is an important starting point to ensure that there are no errors in a statement of case when filing it in the first place. If an error is later discovered, then amendments can be made, usually with the other parties’ consent or the court’s permission, but the amending party is likely to have to bear the costs involved in making the amend.
If you have issued a claim and have noticed an error in the documents, our team are very happy to assist you. Contact Helix Law today for expert advice and we will be happy to help.
