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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Court of Appeal. Amendment
THE CURRENT IMPORTANCE OF PLEADINGS 68: COURT OF APPEAL HOLDS THAT THE JUDGE SHOULD NOT HAVE ALLOWED AMENDMENTS: THE PLEADINGS WERE "INCOHERENT, SELF-CONTRADICTORY AND INSUFFICIENTLY PARTICULARISED"

THE CURRENT IMPORTANCE OF PLEADINGS 68: COURT OF APPEAL HOLDS THAT THE JUDGE SHOULD NOT HAVE ALLOWED AMENDMENTS: THE PLEADINGS WERE “INCOHERENT, SELF-CONTRADICTORY AND INSUFFICIENTLY PARTICULARISED”

April 30, 2026 · by gexall · in Amendment, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

Here we have a rare case where the Court of Appeal overturns a decision of the first instance judge to allow a party to amend their pleadings.  There is a detailed analysis of why the proposed amendments were deficient. “I…

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, Members Content, 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…

APPLICATIONS TO AMEND APPEAL NOTICE AND PARTICULARS AT A LATE STAGE NOT ALLOWED BY THE COURT OF APPEAL

APPLICATIONS TO AMEND APPEAL NOTICE AND PARTICULARS AT A LATE STAGE NOT ALLOWED BY THE COURT OF APPEAL

April 24, 2017 · by gexall · in Amendment, Appeals, Applications, Civil Procedure, Limitation, Members Content

I am grateful to Jill Greenfield from Field Fisher  for sending me a copy of the Court of Appeal transcript in Howe -v- Motor Insurers Bureau (CA 8th February 2017). This is a judgment refusing permission to amend and for…

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