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”
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
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
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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