DEFENDANT REFUSED PERMISSION TO WITHDRAW FIGURES SET OUT IN COUNTER-SCHEDULE
The judgment of Mr Justice Ritchie in Haggerty-Garton & Ors v Imperial Chemical Industries Ltd  EWHC 2924 (QB) is interesting in that it shows the application of Scottish principles of damages to a fatal case (the award was much higher than it would have been under the law of England and Wales). However there is also an interesting procedural point, the judge refused the Defendant permission to amend its counter-schedule.
The claimants were bringing damages for losses following the death Mr Haggerty-Garton. The defendant’s counterschedule was served late, some six weeks before trial. Two days before the trial the defendant filed a skeleton argument which contained substantially different figures to those in the counter-schedule.
THE JUDGMENT ON THIS ISSUE
The judgment records that there had been earlier hearings. It was held that it was necessary for the defendant to make a formal application to amend the figures in the counter-schedule. Once the application had been made it was dismissed.