Clarification or new issue?

Evans v Cig Mon Cymru Ltd, CA, 18 January

When deciding whether a proposed amendment to a claim form clarified an inconsistency in that document or raised a new cause of action, it is appropriate to view the amendment in the context of the proceedings as a whole rather than merely in the context of the pleadings. Had the judge done so, he would have seen the mismatch between the claim form and the accompanying documents, which would have clearly demonstrated that the amendment was intended to fix an obvious error.