VERY, VERY LATE APPLICATION TO AMEND PARTICULARS OF CLAIM ALLOWED
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…
MATERIAL NON-DISCLOSURE ON WITHOUT NOTICE APPLICATIONS: A SALUTARY REMINDER
The previous post on the Evans’ case highlights the duty of full and frank disclosure on an ex parte application. In the Evans case it would have been impossible for the claimant to argue material non-disclosure (if indeed there was…
YOU CAN'T GO BEHIND THE OTHER SIDE'S BACK WHEN WITHDRAWING A PART 36 OFFER
Mr Justice Leggatt in a judgment given today described the facts in Evans -v- Royal Wolverhampton Hospitals NHS Foundation Trust [2014] EWHC 3185 (QB) as “remarkable”. It raised the question of “whether a party who requires the court’s permission to…