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Court Procedures Rules
503Amendment—after limitation period
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503 Amendment—after limitation period
(1) This rule applies in relation to an application for leave in a proceeding
to make an amendment mentioned in this rule if a relevant period of
limitation, current at the date the proceeding was started, has ended.
(2) The court may give leave to make an amendment correcting a mistake
in the name or identity of a party, even if the effect of the amendment
is to substitute a new party, only if—
(b) the court is satisfied that the mistake sought to be corrected—
(i) was a genuine mistake; and
(ii) was not misleading or likely to cause any reasonable doubt
about the identity of the person intending to sue or intended
to be sued.
Rule 504
(3) The court may give leave to make an amendment changing the
capacity in which a party sues, whether as plaintiff or counter-
claiming defendant, only if—
(b) the changed capacity in which the party would then sue is a
capacity in which the party might have sued on the day the
proceeding was started by the party.
(4) The court may give leave to make an amendment to include a new
cause of action only if—
(b) the new cause of action arises out of the same facts or
substantially the same facts as a cause of action for which relief
has already been claimed in the proceeding by the party applying
for leave to make the amendment.