In Evans v CIG Mon Cymru Ltd – Butterworths Law Direct 18.1.08 there was an obvious mistake in the claim form, which a reading of the particulars of claim and supporting documentation served with the claim form made clear.
The defendant applied to strike out the claimant's particulars of claim on the ground that it was irrelevant in respect of the matter to which the claim form had been issued. The claimant applied under CPR 17 to amend the claim form.
The Court of Appeal held that the only way to approach the case was the way in which any reasonable person would have done on receiving the documents when served. In deciding whether the proposed amendment was raising a new cause of action or whether it was clarifying an internal inconsistency it was proper to look at the pleadings as a whole. It was clear that what had been sought to be amended did not raise a new claim, but instead sought to correct an error. Accordingly the action would be restored and the amendment to the claim form would be permitted.