Rule 263

Leave to change claim or amend case

Rules of Procedure

Part 5 – General provisions

Chapter 1 – General procedural provisions

Rule 263 – Leave to change claim or amend case
  1. A party may at any stage of the proceedings apply to the Court for leave to change its claim or to amend its case, including adding a counterclaim. Any such application shall explain why such change or amendment was not included in the original pleading.
  2. Subject to paragraph 3, leave shall not be granted if, all circumstances considered, the party seeking the amendment cannot satisfy the Court that:
    1. the amendment in question could not have been made with reasonable diligence at an earlier stage; and
    2. the amendment will not unreasonably hinder the other party in the conduct of its action.
  3. Leave to limit a claim in an action unconditionally shall always be granted.
  4. The Court may re-consider fees already paid in the light of an amendment.

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