30Party changing facts relied on

30 Party changing facts relied on

30 Party changing facts relied on

(1) After serving the party’s statement of particulars or reply on a claim, a party to a claim may only change the facts on which the party relies (whether by way of addition, deletion or correction) if the change is due to—

(a) the discovery by the party of facts that were not known to and not reasonably discoverable by the party before serving the party’s statement of particulars or reply, or

(b) the plaintiff remembering facts only after serving the plaintiff’s statement of particulars, or

(c) a change by another party to the facts on which that other party relies.

(2) In determining whether facts were reasonably discoverable by a party, regard is to be had to what would be likely to be discovered by the party in the reasonable pursuit of the party’s claim or defence.

(3) A fact is not reasonably discoverable by a party if the only way in which it could be discovered is by the exercise of a power of the Tribunal.

(4) A change to the facts on which a party relies must be notified to the other parties to the claim as soon as practicable after the party making the change becomes aware of the need for the change.

(5) This clause does not prevent a party changing the facts on which the party relies, but any change that is not authorised by this clause constitutes a contravention of this clause for the purposes of clause 69.