Tackling amendment applications: lessons for practitioners
In CX v Ministry of Justice, the EAT upheld the Tribunal’s refusal to allow a late amendment adding disability discrimination claims, finding it would introduce entirely new issues and expand the case significantly. The decision reinforces that amendment applications must be judged by their practical impact, timing, and potential prejudice, not just legal form. Practitioners are reminded to plead clearly, act promptly on new evidence, and prepare detailed arguments on the necessity and consequences of proposed amendments.
