Amending particulars of claim after service (CPR 17.1(2))
Three weeks ago, Bramwell Events Ltd served particulars of claim on Corvin Catering Ltd claiming damages for breach of a catering contract. Corvin has not yet filed a defence. Bramwell's solicitor now realises that the particulars omit a head of loss for lost profits that Bramwell wishes to claim. Corvin's solicitors have said in writing that they will not consent to any amendment. The limitation period has not expired.
Which of the following best describes how Bramwell may amend its particulars of claim?
Choose one answer to see the reasoning.
Worked answer
Correct answer D: Bramwell needs the court's permission, because the particulars have been served and Corvin does not consent.
THE RULE TO REMEMBER
After service, a statement of case may be amended only with the written consent of all other parties or the court's permission (CPR 17.1(2)).
Amending particulars of claim after service (CPR 17.1(2))
CPR 17.1(1) allows a party to amend its statement of case at any time before it has been served on any other party. Once it has been served, CPR 17.1(2) provides that the party may amend it only with the written consent of all the other parties or with the permission of the court. Bramwell's particulars have already been served and Corvin has refused consent, so Bramwell must apply to the court for permission to amend, usually under Part 23 with a draft of the amended particulars. When deciding whether to give permission, the court applies the overriding objective. The fact that Corvin has not yet filed a defence does not matter, and the limitation period is relevant only to the special rules for amendments after it has expired (CPR 17.4), which do not apply here.
Why A is wrong: The freedom to amend without consent or permission ends when the statement of case is served, not when the defence is filed.
Why B is wrong: There is no 28-day window for amending without permission after service.
Why C is wrong: Permission (or written consent) is needed for any amendment after service; limitation brings in additional restrictions under CPR 17.4.
Why E is wrong: Served statements of case can be amended with written consent or the court's permission; there is no need to discontinue.
A little more practice done.
Related questions
Defence that fails to deal with an allegation (CPR 16.5)
How will the allegation in paragraph (2), about delivery on 4 March 2026, be treated?
Summary judgment: no real prospect and no other compelling reason for a trial (CPR 24.3 and 24.4)
Which of the following best describes whether Brennan can obtain summary judgment?
Claimant fails to beat a defendant's Part 36 offer: costs consequences (CPR 36.17(1)(a) and (3))
Which of the following best describes the order the court must make, unless it considers it unjust to do so?
A GOOD HABIT, DELIVERED
Tomorrow's question.
In your inbox.
One free question a day, with the answer and reasoning.
No course pitches. Just your daily practice.