Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Amendment definition

What does Amendment mean? In civil litigation, amendment means changing the wording of a statement of case (pleadings), such as a claim form, particulars of claim, defence, counterclaim or reply. It is used to correct errors, clarify facts or law, or add or refine claims and defences, typically by consent or on an application to amend. In England and Wales, CPR Part 17 governs amendments. A party may amend before service; after service, written consent of all parties or the court’s permission is required. The court applies the overriding objective and considers delay, prejudice, costs and limitation. After expiry of a relevant limitation period,...

Occupational Pension Schemes: Amending Amendment Powers and Retrospective Amendments - Member Protections, Statutory Limits and Key Case Law

Published by a LexisNexis Pensions expert

Practice notes

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL PENSION SCHEMES

This Practice Note cites decisions of the Court of Justice of the European Union and refers to its case law. For direction on whether EU judgments bind UK courts, see Practice Note: Assimilated law — Assimilated case law.

Amending the amendment power

Efforts to expand (or limit) a scheme’s amendment power are often legally precarious and may later be attacked as an improper use of the scheme’s own amendment power. They can also risk eroding the very objective of having an amendment power in the first place.

Ability to amend the power of amendment

At its core, the amendment power may only be modified—whether by imposing or removing restrictions—where the power itself authorises that outcome. The amendment power must be exercised only for the purpose for which it was bestowed...

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Chris Ransom

CMS

Chris is an associate in the CMS Pensions team. With over two years' experience, he advises a mix of employer, public sector and trustee clients on a broad range of advisory pensions issues. These include trustee and employer duties, automatic enrolment, amending scheme documentation and moral hazard/scheme funding issues. Chris' recent work has a particular focus on benefit redesign and liability management exercises. Following a six month secondment with the Pension Protection Fund, Chris also has a detailed working knowledge of the PPF levy, entry and compensation framework. Chris is a member of the Association of Pension Lawyers and is also a contributor to CMS's Pensions Law Handbook. ...

Web page updated on 22/05/2026

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