Source: All England Reporter
Publisher Citation: [2002] All ER (D) 42 (Jan)
Court: Court of Appeal, Civil Division

Peter Gibson and Dyson LJJ

Representation Murray Rosen QC and Nicholas Parfitt (instructed by Laytons, Guildford) for the claimant.
  Christopher Moger QC and Benjamin Pilling (instructed by Herbert Smith) for the defendants.
Judgment Dates: 15 January 2002


Pleading - Amendment - Appeal against refusal of permission to amend - Application to amend reply and defence to counterclaim before trial - Claimant applying for permission to amend after disclosure - Judge refusing permission on grounds of insufficient particularity - Whether judge correct.

The Case

On the facts of the instant case, a proposed amendment to a defence to a counterclaim was sufficiently particularised to allow the defence to be amended and the matter to go to trial.

Practice Areas

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