The Aon Risk Services factors for amendment of pleadings are not a rigid checklist but must be weighed according to the circumstances of each case. An application to amend to plead an arguable defence of justification in defamation proceedings may be refused where the delay is substantial and unexplained, even where the matter has not been set for trial and no particular prejudice to the opposing party is demonstrated. The question whether House v The King principles apply to interlocutory appeals under r 286 of the Supreme Court Civil Rules 2006 (SA) was left open.
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