The County Court Rules 1981

ORDER 15AMENDMENT

Amendment by order

1.—(1) Without prejudice to Order 5, rules 8 and 11, and rule 2 of this Order, but subject to the following paragraphs of this rule, the court may, in any action or matter, by order allow or direct—

(a)any originating process, pleading or any other document in the proceedings to be amended, or

(b)any person to be added, struck out or substituted as a party to the proceedings,

if the amendment, whether falling within sub-paragraph (a) or (b), is such that the High Court would have power to allow in a like case.

(2) In any case where a relevant limitation period has expired, the reference in paragraph (1) to the power of the High Court to allow the amendment shall be construed, in particular, as a reference to its power to do so subject to the conditions and restrictions imposed by section 35 of the Limitation Act 1980 and the R.S.C. made thereunder.

(3) An order under paragraph (1) may be made on application at the hearing of the action or matter or before the hearing on notice or by the court of its own motion at any stage of the proceedings.

(4) No person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorised.

(5) If a summons or other document issued by the court is to be amended pursuant to an order under paragraph (1), the amendment shall be made by the proper officer, and if any other document is to be amended, the amendment shall be made by the party whose document it is and he shall, if authorised or required to do so, file and serve on every other party to the proceedings a copy of the document as so amended.

(6) Where by an order under paragraph (1) a person is added or substituted as a defendant, the amended originating process shall, unless the court otherwise directs, be served on him in accordance with the rules applicable to the service of the originating process.

In relation to a person added or substituted as a defendant to a counterclaim this paragraph shall have effect as if for the reference to the amended originating process there were substituted a reference to the amended counterclaim.

Amendment of pleadings without order

2.—(1) Subject to Order 9, rule 2(3), and the following provisions of this rule, a party to an action or matter may, without an order, amend any pleading of his at any time before the return day by filing the amended pleading and serving a copy on the opposite party.

Where a day has been fixed for the pre-trial review of the action or matter, that day shall be treated as the return day for the purpose of this paragraph.

(2) Where in a default action the plaintiff's claim is amended under paragraph (1) by adding or substituting a claim which could not be made in a default action, the action shall continue as if it had been commenced as a fixed date action.

(3) The court may, of its own motion or on the application of the opposite party, disallow an amendment made under paragraph (1) and shall do so where it is satisfied that, if an application for leave to make the amendment had been made under rule 1, leave would have been refused.

Joinder of defendant in action for recovery of land

3.—(1) Without prejudice to rule 1, the court may at any stage of the proceedings in an action for the recovery of land order any' person who is in possession of the land (whether in actual possession or by a tenant) and is not a party to the action to be added as a defendant.

(2) An application by any person for an order adding him as a defendant under this rule may be made ex parte in writing stating the grounds of the application and showing that the applicant is in possession of the land in question and, if by a tenant, naming him.

(3) Where an order is made adding a person as a defendant under this rule, the proper officer shall send notice of the order, together with a copy of the application, to every other party to the proceedings.

Actions for wrongful interference with goods

4.—(1) Where the plaintiff in an action for wrongful interference with goods is one of two or more persons having or claiming any interest in the goods, then unless he has the written authority of every other such person to sue on the latter's behalf, the particulars of claim shall contain particulars of the plaintiff's title and identify every other person who, to his knowledge, has or claims any interest in the goods.

This paragraph shall not apply to an action arising out of an accident on land due to a collision or apprehended collision involving a vehicle.

(2) A defendant to an action for wrongful interference with goods who desires to show that a third party has a better right than the plaintiff as respects all or any part of the interest claimed by the plaintiff may, at any time after service of the summons on the defendant and before any judgment or order is given or made on the plaintiff's claim, apply to the court on notice for directions as to whether any person named in the application (not being a person whose written authority the plaintiff has to sue on his behalf) should be joined with a view to establishing whether he has a better right than the plaintiff, or has a claim as a result of which the defendant might be doubly liable within the meaning of section 7 of the Torts (Interference with Goods) Act 1977.

Notice of any application under this paragraph shall, as well as being served on the plaintiff, be served on every person named in the application in accordance with the rules applicable to the service of a fixed date summons.

(3) Where a person named in an application under paragraph (2) fails to appear on the hearing of the application or to comply with any direction given by the court on the application, the court may by order deprive him of any right of action against the defendant for the wrong, either unconditionally or subject to such terms and conditions as the court thinks fit.

Clerical mistakes and errors

5.  Clerical mistakes in judgments or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the court.