AMENDMENT, COMPLIANCE WITH PEREMPTORY ORDERS AND THE DENTON CRITERIA: THERE IS NO HALFWAY HOUSE: COURT OF APPEAL DECISION
There are so many judgments dealing with the issue of late amendment that, as I have stated before, I often do not write about them – each being fact specific. However the Court of Appeal judgment in CNM Estates (Tolworth…
WHEN A CLAIMANT TRIES TO USE A REPLY TO INTRODUCE A NEW CAUSE OF ACTION: PERMISSION TO AMEND REPLY REFUSED
In Powis Street Estates (No 3) Ltd v Wallace LLP & Anor [2021] EWHC 3269 (Ch) Deputy Master McQuail considered that parts of a Reply was an attempt to introduce a new cause of action. The claimant was not given…
RELIEF FROM SANCTIONS NOT GRANTED AFTER A NINE YEAR DELAY
In Francis v F Berndes Ltd & Ors [2021] EWHC 2350 (Ch) Deputy Master Linwood dismissed the claimant’s application to resurrect an application to amend which had been made nine years previously. THE CASE The claimant brought an action…
DEFENDANT REQUIRES RELIEF FROM SANCTIONS WHEN THERE WAS £92 MILLION AT STAKE: DENTON CONSIDERED AND APPLIED
When I wrote earlier about the decision in Various Claimants v G4S Plc [2021] EWHC 524 (Ch) I noted that it required more than one post. Here we look at the judge’s decision in relation to relief from sanctions. Relief was…
LETTER STATING THAT THE DEFENDANT CONSENTED TO SOME AMENDMENTS DID NOT OUST COURT’S JURISDICTION: TRY TO AMEND AT YOUR PERIL
In Scott & Ors v Singh [2020] EWHC 1714 (Comm) HHJ Eyre QC rejected an argument that a letter stating that the defendants agreed to some proposed amendments by the claimant meant that the court had no jurisdiction to prevent…
POINTS HAVE TO BE PLEADED: APPLICATION TO AMEND AT TRIAL CORRECTLY DISALLOWED: PLEADINGS ARE THERE TO ENSURE THAT THE ESSENTIAL ELEMENT OF EACH PARTY’S CASE ARE KNOWN
In Kensington Mortgage Company Ltd v Mallon & Ors [2019] EWHC 2512 (Ch) Sir Gerald Barling, sitting as a Judge of the High Court, dismissed an appeal against a judge’s refusal to consider a point that was not pleaded. The…
FRESH EYES NOT A GOOD REASON FOR PERMISSION TO AMEND: COURT REFUSED CLAIMANT’S LATE APPLICATION TO RE-CAST ITS CASE
In Donovan & Anor v Grainmarket Asset Management LLP [2019] EWHC 1023 (QB) Martin Griffiths QC, sitting as a High Court judge, disallowed a late application to amend. It is another example of an application being made shortly before trial,…
“PLEADINGS THAT ARE OF SUCH DISPROPORTIONATE LENGTH AND DENSITY”: “THE CLAIM BECAME IMPENETRABLE AND UNNECESSARILY EXPENSIVE TO DEAL WITH”
In Galazi& Anor v Christoforou & Ors [2019] EWHC 670 (Ch) Chief Master Marsh considered the costs consequences of amendment and the effective discontinuance of certain causes of action. There are two particular aspects of the judgment of general interest. Firstly…
PERMISSION TO AMEND GIVEN TO PLEAD COSTS PAID IN PREVIOUS ACTION AS DAMAGES: GAMBLING ON GETTING A SECOND CHANCE
In Playboy Club London Ltd v Banca Nazionale Del Lavora SPA [2019] EWHC 303 (Comm) the High Court granted the claimant permission to amend to include, as a claim for damages, the costs of a previous action. “I have come to…
JUDGE ALLOWS CLAIMANT TO RELY ON MATTERS THAT TOOK PLACE AFTER TRIAL: VERY, VERY LATE AMENDMENT ALLOWED
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
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
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
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
NB THIS DECISION WAS OVERTURNED BY THE SUPREME COURT IN Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6 t In Cameron -v- Hussain [2017] EWCA Civ 366 the Court of Appeal (by a majority) considered the question whether a claimant…
AMENDMENT TO ADD NEW ISSUES THAT HAVE ARISEN SINCE ISSUE: CONSIDER THE OVERRIDING OBJECTIVE AND NOT THE RSC
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
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
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.
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
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
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…