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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THE CURRENT IMPORTANCE OF PLEADINGS 21: SHOULD A PARTY BE GIVEN PERMISION TO AMEND AT A LATE STAGE? THE ISSUES CONSIDERED AND APPLIED

THE CURRENT IMPORTANCE OF PLEADINGS 21: SHOULD A PARTY BE GIVEN PERMISION TO AMEND AT A LATE STAGE? THE ISSUES CONSIDERED AND APPLIED

June 30, 2025 · by gexall · in Amendment, Civil Procedure, Members Content, Statements of Case

There are so many judgments concerning late applications to amend pleadings that, often, I decide not to write about them. There are applications to amend that are late, very late,  very, very late or “door of the court” late. The…

LATE AMENDMENT TO PLEADINGS SHOULD NOT HAVE BEEN ALLOWED: CLAIMANT COMES TO GRIEF ON APPEAL

December 16, 2015 · by gexall · in Amendment, Members Content, Statements of Case, Uncategorized, Witness statements

In Ali -v- Siddique [2015] EWCA Civ 1258 the Court of Appeal overturned a decision granting permission to amend the Particulars of Claim. Consequently the defendant’s appeal was allowed and the claimant’s action failed. KEY POINTS There is a heavy…

VERY, VERY LATE APPLICATION TO AMEND PARTICULARS OF CLAIM ALLOWED

October 8, 2014 · by gexall · in Applications, Civil Procedure, Members Content, Statements of Case

In MacLeod -v- Mears [2014] EWHC 3140 QB Mr Justice Hamblen allowed the claimant to amend the particulars of claim very late, after a trial in fact.  THE FACTS The claimant brought an action alleging a failure to pay a…

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