Source: All England Reporter
Publisher Citation: [2002] All ER (D) 435 (Jul)
Court: Chancery Division
Judge:

Etherton J

Representation Richard Sheldon QC, Robin Dicker QC, Fidelis Oditah, Felicity Toube and Richard Fisher (instructed by Lovells) for the liquidators.
  John Brisby QC, Robert Miles QC, Richard Hill, and Andrew De Mestre (instructed by Mayer Brown Rowe & Maw) for the applicants.
Judgment Dates: 29 July 2002

Catchwords

Pleading - Amendments - Application for leave to re-amend - Applicants applying to court for directions - Directions seeking permission to rely on new allegations in certain document - Directions seeking permission to re-amend points of claim to reflect new allegations - Whether re-amendments amounting to new claims - Whether re-amendments should be permitted - CPR 17.4

The Case

On the application of three Bank of America banks for directions in relation to certain re-amendments proposed by the joint liquidators of BCCI, the court permitted the liquidators to re-amend their amended points of claim in relation to certain matters on the ground that those re-amendments did not raise any new causes of action for the purposes of limitation and CPR 17.4.

Practice Areas

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