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KembaraXtra - Legal Terms - Variance
1. Introduction
Variance is a discrepancy between an allegation made in a party’s statement of case and the evidence presented in support of that allegation during legal proceedings.
2. Civil Proceedings
Variance is particularly relevant to civil litigation.
3. Statements of Case
Statements of case identify the material facts and legal positions relied upon by the parties.
4. Evidence at Trial
Evidence presented at trial may differ from the facts originally pleaded.
5. Nature of Discrepancy
A variance may concern dates, events, transactions, amounts, or other material factual matters.
6. Procedural Consequences
A material variance may affect whether a party can rely upon particular evidence or arguments.
7. Amendment
Modern civil procedure generally permits appropriate amendments to statements of case.
8. Civil Procedure Rules
Amendments are governed principally by Part 17 of the Civil Procedure Rules.
9. Court Permission
Depending upon the procedural stage and circumstances, an amendment may require the court’s permission.
10. Fairness
The court considers relevant matters, including prejudice to other parties and the proper administration of justice.
11. Legal Importance
Rules concerning variance help ensure that litigation is conducted fairly while allowing genuine discrepancies to be corrected where appropriate.
