Source: All England Reporter
Publisher Citation: [2010] All ER (D) 64 (Dec)
Neutral Citation: [2010] EWHC 3198 (Ch)
Court: Chancery Division

Peter Smith J

Representation Robin Mathew QC & Alexander Learmonth (instructed by Berry & Walton) for the claimants.
  Mark Simpson QC & Marianne Butler (instructed by Mills & Reeve) for the deefendant.
Judgment Dates: 6 December 2010


Pleading - Amendment - Leave to amend during trial of action - Statement of claim - Claimants seeking to amend particulars of claim following opening of case at trial - Defendant objecting - Whether, having regard to overriding objective, statement of claim should be amended.

The Case

Pleading Amendment. The Chancery Division, in allowing the claimants' late re-re-amendment to the particulars of claim, held that in accordance with the overriding principal not to allow the amendments would cause more injustice than to allow them at such a late stage in the instant proceedings.

Practice Areas

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