CAN AN APPLICATION BE AMENDED? AN INTERESTING POINT TO START THE YEAR

Civil Litigation Brief

There are some procedural issues where you would assume that there was clear pre-existing authority in existence.  However, on examination (usually just before the hearing) it transpires that the point is a “novel” one.   In Agents Mutual Limited-v- Moginnie James Ltd [2016] EWHC 3384 (Ch) Master Matthews considered one such point.  Can a party amend an application once they have made it?

KEY POINTS

  • The court does have power to allow a party to amend an application.
  • On the facts of this case it was not appropriate to permit such an amendment.

THE CASE

The claimant applied for summary judgment.  The defendant applied for a ruling on the scope of the application. Once the Master had given the ruling the claimant applied to amend the application to add further grounds.

THE DEFENDANT’S ARGUMENTS

The defendant argued that applications to the Court could not be amended. Any application to amend…

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