When is the deadline for application to disallow an amendment of a pleading made without leave?
The catalogue records a 14 days period from Service of the amended pleading on the party. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 14 days
- Trigger
- Service of the amended pleading on the party
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- r 1.39; r 1.34.
- Added on verification: missing from the researched catalogue. Applies where a party has amended once before the close of pleadings without leave under r 16.51(1), or has purported to amend under r 16.51(3) without the required consent. The Note to r 16.52 records that the Court will disallow the amendment if satisfied it would not have given leave on the date the amendment was made. Letting the 14 days pass leaves the amendment standing. Filing is a Registry act, so r 1.61(4) roll-forward applies; r 1.61(5) also applies.