Source: All England Reporter
Publisher Citation: [2002] All ER (D) 160 (Nov)
Court: Court of Appeal, Civil Division

Simon Brown and Clarke LJJ

Representation Barbara Dohmann QC, Robert Bright and Alec Haydon (instructed by Allen & Overy) for the claimant.
  Rory Phillips QC and Jonathan Davies-Jones (instructed by Eversheds) for JLT.
  Jonathan Sumption QC and Rebecca Sabben-Clare (instructed by Denton Wilde Sapte) for the first defendant.
Judgment Dates: 11 November 2002


Practice and procedure - Defence - Application to amend - Deadline for amending defence - Trial judge enforcing deadline strictly - Correctness of decision.

The Case

The court allowed an amendment to the defence in substantial insurance litigation on the grounds, inter alia, that the claimant would not suffer prejudice from allowing the amendment, whereas the defendant would otherwise be deprived of a properly arguable point.

Practice Areas

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