In what situation must a court refuse to permit a change of the claim, and who can bring that decision about?
General information · Not legal advice
Material to check
In a practice file of this kind, the papers to read are the earlier statement of claim and the amended one, so the change in the claim's purpose or cause can be seen, together with any application by the opposing party asking the court to refuse the amendment.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that the court decides alone: where it finds that a change of the claim's purpose or cause is not proper, it must, on its own motion or on the opposing party's application, give a ruling refusing to permit the change, and the word 'shall' leaves it no choice once that finding is made.
Another reading notes that the provision names only the court and the opposing party as actors and says nothing about the party who made the change, and it does not say what makes a change improper, so the standard the court applies is left open by this text.
Your judgment
What in the record would show whether the change in the claim's purpose or cause was proper or not?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set out what counts as a change that is not proper, or if a court decision explains what the words 'purpose or cause' of a claim reach.