Case No. IP-2020-000140
Intellectual Property Enterprise Court

Case No. IP-2020-000140

Fecha: 19-Ene-2022

The legal test for permission to amend

23.Amendments to Statements of Case for which permission is necessary are dealt with under CPR 17.3. The Court’s exercise of its discretionary power to permit amendment “should have regard to all the matters mentioned in CPR.1.1(2) so as to deal with the case “justly and at proportionate cost” in accordance with the overriding objective” (White Book 17.3.5).24.In seeking to draw the appropriate balance between the interests of the various parties to the case and of third parties, including litigants in general, one consideration is whether the amendment has real prospects of success. Other relevant considerations include, for example, the adequacy of the draft pleading before the Court and whether the application to amend is close to the trial date. A number of the potentially relevant considerations are set out in paragraph 38 of