Departure

Departure in United Kingdom

Definition of Departure

In accordance with the work A Dictionary of Law, this is a description of Departure :

The introduction of a new allegation of fact or the raising of a new ground or claim inconsistent with the party’s earlier claim. Departure is not permitted by the Civil Procedure Rules, but it does not prevent the *amendment of documents used in litigation provided that the amended documents do not contain any departure. The principal effect of the rule is to prevent a claimant from setting up in his *reply a new claim that is inconsistent with the cause of action alleged in the particulars of claim.


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