Amendments To Pleadings – Factors That Guide Courts' Discretion

Introduction

Order 25, Rule 1 of the Civil Procedure Rules gives courts the discretionary power to allow amendments to pleadings. Well-settled principles on amendments to pleadings laid down in landmark English cases have historically been adopted and followed by the Cyprus courts.

The relevant case law confirms that the courts generally adopt a relatively permissive approach when exercising their discretion in this regard, allowing amendments to pleadings in most cases. This is in line with the principles of justice, as amendments aim to identify the relevant issues and facts and to play out the real disputes between parties, with the proviso that any party prejudiced should be compensated for costs. The rationale behind this is that amendments to pleadings help to clarify disputed matters, determine the real controversy between the parties and avoid multiple proceedings.