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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Zenith Chambers, Leeds, & Hardwicke, London
Browse: Home » Amendment of pleadings
JUDGE ALLOWS CLAIMANT TO RELY ON MATTERS THAT TOOK PLACE AFTER TRIAL: VERY, VERY LATE AMENDMENT ALLOWED

JUDGE ALLOWS CLAIMANT TO RELY ON MATTERS THAT TOOK PLACE AFTER TRIAL: VERY, VERY LATE AMENDMENT ALLOWED

February 3, 2019 · by gexall · in Amendment, Applications, Statements of Case

There are several interesting procedural issues that arise in the judgment of HHJ Halliwell (sitting as a High Court Judge) in Currie v Thornley & Anor [2019] EWHC.  172 (Ch). One of which is the judge’s decision to allow the claimant…

LATE APPLICATION TO AMEND  DEFENCE RIGHTFULLY REFUSED: LATE APPLICATION TO AMEND NOTICE OF APPEAL ALSO GOT THE BARNSLEY CHOP

LATE APPLICATION TO AMEND DEFENCE RIGHTFULLY REFUSED: LATE APPLICATION TO AMEND NOTICE OF APPEAL ALSO GOT THE BARNSLEY CHOP

June 20, 2018 · by gexall · in Amendment, Appeals, Statements of Case

In First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd [2018] EWCA Civ 1396 the Court of Appeal upheld a decision by the trial judge to refuse a late amendment to the defence.  An application to amend the Notice…

NO SPECIAL FORM OF "MEDIATION PRIVILEGE": MEDIATION AGREEMENT DID NOT OVERRIDE GENERAL PRINCIPLES PREVENTING WITHOUT PREJUDICE COMMUNICATION BEING USED A A FORM OF BLACKMAIL

NO SPECIAL FORM OF “MEDIATION PRIVILEGE”: MEDIATION AGREEMENT DID NOT OVERRIDE GENERAL PRINCIPLES PREVENTING WITHOUT PREJUDICE COMMUNICATION BEING USED A A FORM OF BLACKMAIL

September 3, 2017 · by gexall · in Amendment, Civil evidence, Civil Procedure

The decision of Mrs Justice Rose in  Interactive Technology Corporation Ltd v Ferster & Ors [2015] EWHC 3895 (Ch) considers the issue of “mediation privilege”.  This is not a new case (the judgment was dated 21st December 2015) however it has…

AMENDMENT, PLEADINGS,  NEARLY OPPRESSIVE CONDUCT AND PROLIX WITNESS STATEMENTS: MASTER ISSUES AN EARLY WARNING

AMENDMENT, PLEADINGS, NEARLY OPPRESSIVE CONDUCT AND PROLIX WITNESS STATEMENTS: MASTER ISSUES AN EARLY WARNING

May 24, 2017 · by gexall · in Amendment, Applications, Statements of Case, Witness statements

In Williers -v Joyce [2017] EWHC 1225 (Ch) Chief Master Marsh issued a number of warnings in relation to procedural issues.  Amendment, conduct, pleadings, disclosure and witness statements are considered. (The judgment also contains a full copy of the re-amended…

A CLAIMANT CAN SUE AN UNNAMED DRIVER (AND THE INSURER HAS TO PAY): COURT OF APPEAL DECISION TODAY

A CLAIMANT CAN SUE AN UNNAMED DRIVER (AND THE INSURER HAS TO PAY): COURT OF APPEAL DECISION TODAY

May 23, 2017 · by gexall · in Amendment, Appeals, Applications, Insurance, Judgment, Parties to actions

In Cameron -v- Hussain [2017] EWCA Civ 366 the Court of Appeal (by a majority) considered the question whether a claimant can sue an  and unknown and thus unnamed driver where details of the driver’s insurance is available. KEY POINTS…

AMENDMENT TO ADD NEW ISSUES THAT HAVE ARISEN SINCE ISSUE: CONSIDER THE OVERRIDING OBJECTIVE AND NOT THE RSC

February 7, 2017 · by gexall · in Amendment, Civil Procedure

I said that there would be two posts about the judgment of Master Marsh in The Football Association Premier League Limited -v- O’Donovan [2017] EWHC 152 (Ch).  The first looked at the lifting of the automatic stay. Here we look…

LATE AMENDMENT OF PARTICULARS OF CLAIM NOT PERMITTED: HIGH COURT DECISION TODAY

November 25, 2016 · by gexall · in Adjournments, Amendment, Applications, Limitation, Uncategorized

In a judgment today  in Henderson -v- Dorset Healthcare University Foundation NHS Trust [2016] EWHC 3032 (QB) Mr Justice Warby refused a claimant’s application to amend the Particulars of Claim.  The judgment covers a number of points. In particular it…

PAYING THE CORRECT COURT FEE AND LIMITATION: HIGH COURT DECISION CONSIDERING THE RELEVANT PRINCIPLES

October 18, 2016 · by gexall · in Amendment, Applications, Uncategorized

One decision that has led to interlocutory skirmishing and opportunistic applications is  Lewis v Ward Hadaway [2016] 4 WLR 6, [2015] EWHC 3503 (Ch) and the consequences of failing to pay the correct court fee on issue.  This has left many…

PROVING THINGS 32: DAMAGES CLAIM STRUCK OUT AS UNSUSTAINABLE; APPLICATION TO AMEND REFUSED.

September 29, 2016 · by gexall · in Amendment, Striking out, Summary judgment, Uncategorized, Witness statements

In Guney -v- Kingsley Napley [2016] EWHC 2349 (QB) Mrs Justice McGowan struck out part of the claimant’s claim for damages and refused the claimant permission to amend to plead new heads of damage. It could serve as an object…

PAYING THE "CORRECT" COURT FEE AND AMENDMENT: AN IMPORTANT CASE REVIEWING THE PRINCIPLES

July 26, 2016 · by gexall · in Amendment, Applications, Civil Procedure, Court fees, Limitation, Striking out, Uncategorized

This blog has looked several times* at the cases and principles that have followed the decision in Lewis -v- Ward Hadaway [2015] EWHC 3503 (Ch).   Applications around allegations of failure to pay the correct court fee have  become a new battleground…

FAILURES IN DISCLOSURE AND WITNESS EVIDENCE YET SUCCESSFUL ON APPEAL

February 2, 2016 · by gexall · in Amendment, Appeals, Applications, Uncategorized

The decision of the Court of Appeal in Sobrany -v- UAB Transtira [2016] EWCA Civ 28 gives rise to a few interesting procedural points. It is worth remarking, however, that many of the difficulties arose because of failures by the…

LATE AMENDMENT TO PLEADINGS SHOULD NOT HAVE BEEN ALLOWED: CLAIMANT COMES TO GRIEF ON APPEAL

December 16, 2015 · by gexall · in Amendment, Statements of Case, Uncategorized, Witness statements

In Ali -v- Siddique [2015] EWCA Civ 1258 the Court of Appeal overturned a decision granting permission to amend the Particulars of Claim. Consequently the defendant’s appeal was allowed and the claimant’s action failed. KEY POINTS There is a heavy…

LATE AMENDMENT OF PLEADINGS: A RELATIVE CONCEPT: HAGUE PLANT APPLIED

August 23, 2015 · by gexall · in Amendment, Statements of Case, Uncategorized

When is an application to amend pleadings made late, more particularly too late? This is something we have looked at several times before.  It was considered by H.H. Judge Keyser Q.C. in Hamizay Limited -v- Robin Swailes [2015] EWHC B14(Ch)….

VERY, VERY LATE APPLICATION TO AMEND PARTICULARS OF CLAIM ALLOWED

October 8, 2014 · by gexall · in Applications, Civil Procedure, Statements of Case

In MacLeod -v- Mears [2014] EWHC 3140 QB Mr Justice Hamblen allowed the claimant to amend the particulars of claim very late, after a trial in fact.  THE FACTS The claimant brought an action alleging a failure to pay a…

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