ABSTRACT

It may be noted that r 20.1 simply states that the court can give permission to amend a statement of case, without specifying how the court’s discretion is to be exercised. Accordingly, the court should base its decision on the overriding objective, and generally disposing of a case justly will mean allowing a party to present his case, even at a very late stage in the proceedings, so that the matters in issue can be determined, provided that the applicant pays his opponent’s costs caused by the amendment.