A guide to the UPC and the UP - Flipbook - Page 247
Changing or Amending a Case
12-130 A party may change its claim or amend its case, including a counterclaim, at any time, provided
it has applied for, and received, leave from the Court to do so. 292 The application for leave must
explain why the change or amendment was not included in the original pleading. 293
12-131 Leave to limit unconditionally a claim in an action will always be granted by the Court. 294 In all
other cases, leave will not be granted if, all circumstances considered, the party seeking the
amendment cannot satisfy the Court that:
– The amendment in question could not have been made with reasonable diligence at an
earlier stage; and
– The amendment will not unreasonably hinder the other party in the conduct of its action. 295
12-132 In deciding the issue, the Court is also likely to consider how late in the proceedings the
amendment was made and whether it will give rise to the need for further pleadings and delay.
The Court may re-consider fees already paid in light of the amendment. 296
Further Pleadings and Closure of Written Procedure
12-133 A party may lodge a reasoned request with the judge-rapporteur before the closure of written
proceedings requesting that the judge-rapporteur allow the exchange of further written
pleadings. 297 These further written proceedings must be exchanged within a period to be
specified by the judge-rapporteur. Where the exchange of further written pleadings is allowed,
the written procedure shall be deemed closed upon expiry of the specified period.
12-134 During the written procedure, the parties may also make applications for orders to produce
evidence and communicate information, 298 although this may also be done during the
interim procedure.
12-135 The judge-rapporteur will, following the exchange of all written pleadings: 299
– Inform the parties of the date on which the judge-rapporteur intends to close the written
procedure without prejudice to their ability to allow further exchanges of written pleadings
under r.36 RoP; 300 and
– Where an interim conference is necessary, 301 confirm the date and the time set for the
interim conference 302 or inform the parties that an interim conference will not be held. 303
12-136 As soon as practical after the closure of the written procedures, the panel shall, where relevant,
decide how to proceed with respect to the application of art.33(3) UPCA. 304
292
293
294
295
296
297
298
299
300
301
302
303
304
r.263(1) RoP.
r.263(1) RoP.
r.263(3) RoP.
r.263(2) RoP.
r.263(4) RoP.
r.36 RoP.
rr.190 and 191 RoP. See chapter 18 (Orders to Produce Evidence including “Saisies”) paragraphs 18-86 to 18-105.
r.35 RoP.
r.35(a) RoP.
rr.28 and 101(1) RoP.
r.28 RoP.
r.35(b) RoP.
r.37(1) RoP. See paragraphs 12-69 and 12-70.
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A Guide to the UPC and the UP 237
