Source: All England Reporter
Publisher Citation: [2002] All ER (D) 217 (Dec)
Court: Chancery Division
Judge:

David Donaldson QC sitting as a deputy judge of the High Court

Representation Anthony Althaus (instructed by Josiah Hincks, Leicester) for the claimant.
  Stephen Gasztowicz (instructed by Johar & Co, Leicester) for the defendant.
Judgment Dates: 13 December 2002

Catchwords

Practice and procedure - Statement of case - Amendment - Amendment after agreement reached - Duplicity of relief.

The Case

In the instant case, the amendment of pleadings proposed by the claimant amounted to a duplication of relief and that could not have been intended by the parties. Accordingly, to allow the amendment would have amounted to an abuse of process.

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