North Cyprus Law | Mystery of the K5 Amendment

WITHOUT PREJUDICE

North Cyprus Law | Mystery of the K5 Amendment

An Amendment to a claim is an addition to a case after it has begun, as in the current Kulaksiz 5 case.

It must be remembered that when this happens, the side requesting the amendment will always be responsible for the costs of the opposing side for the hearing by the Judge to decide whether to admit the claim into evidence for the case being heard that the amendment is requested for. In the case of the K5 the last amendment which was ruled against by the Judge, the opposing side had costs of 2500 lira plus tax awarded to them. This had to be paid by the Kulaksiz 5. This had to be paid by the Kulaksiz 5. In addition to this the K5 now are awaiting an Appeal date from the High Court and have further expense to pay for this Appeal.

  • An amendment should always be necessary to the case whichever side requests it.
  • An amendment should be requested as early as possible in the case.
  • An amendment should not compromise the rights of the other side.
  • An amendment should not be made in bad faith or with an intent to deceive (male fide)
  • An amendment should not cause unnecessary delay or unfairly prejudice the other side.
  • An amendment should not be frivolous, unnecessary or used just to raise technical legal points.

So why, you might ask, did whichever side that proposed the amendment not include the material in the case when submitting the case initially? You may ask, but I do not have the answer.

Pandora S Box

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