Tag Archives: Amendment of pleadings

ATTEMPTING TO RELY ON MATTERS WHERE PERMISSION TO AMEND HAD BEEN REFUSED: A BRIDGE TOO FAR

In Cleveland Bridge UK Ltd v Sarens (UK) Ltd [2018] EWHC 751 (TCC) the court rejected an attempt by a party to argue a case which had not been pleaded.   The defendant had been refused permission to amend its defence and counterclaim and sought a “backdoor” method to introduce similar issues. The attempt failed. “Where the […]

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 outlines the robust attitude the courts now take to late amendment. KEY POINTS The court […]

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 ancillary issues open ended, and no end of interlocutory sparring in some cases. Some of […]

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 lesson in the risks involved in claiming damages that are not recoverable in law and […]

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 between claimants and defendants, with defendants constantly seeking  to strike out and arguing abuse of […]

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 claimant in relation to witness evidence and disclosure.  The case also highlights the need to […]

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

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 burden on a party applying for a very late application to amend pleadings. An explanation […]