There are some procedural issues where you would assume that there was clear pre-existing authority in existence. However, on examination (usually just before the hearing) it transpires that the point is a "novel" one. In Agents Mutual Limited-v- Moginnie James Ltd [2016] EWHC 3384 (Ch) Master Ma...
Reblogged this on | truthaholics.
It was optimistic to try to persuade the Court that there is no power to allow an application notice to be amended.
There may be no relevant authority under the CPR, but there is pre-CPR which indicates that formal defects in application notices (or in the evidence in support) can (in appropriate circumstances) be corrected: see Barclays Bank plc v Piper (CA, 23 May 1995).