Source: All England Reporter
Publisher Citation: [2001] All ER (D) 322 (Dec)
Court: Queen's Bench Division, Commercial Court
Judge:

Jules Sher QC sitting as a deputy judge of the High Court

Representation Karen Troy-Davies for the claimants.
  John Davies for the defendants.
Judgment Dates: 19 December 2001

Catchwords

Pleading - Amendment - Leave to amend - Claimant purchasers bringing action against defendant sellers regarding sale and purchase of business - Claimants wishing to plead defendants vicariously liable for representations by employee as to his own state of mind regarding future conduct in relation to business - Whether claimants should have leave to amend.

The Case

A claimant was granted permission to amend its particulars of claim to allege that the defendants were vicariously liable for fraudulent misrepresentations made by their employee in relation to his own state of mind regarding his future conduct in relation to the business which the claimants had purchased.

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