Source: All England Reporter
Publisher Citation: [2016] All ER (D) 57 (Mar)
Neutral Citation: [2016] EWCA Civ 119
Court: Court of Appeal, Civil Division

Longmore, Christopher Clarke and Sales LJJ

Representation Richard Handyside QC and Adam Zellick (instructed by Allen & Overy LLP) for the claimants in the lenders' action.
  Adam Sher (instructed by Freshfields Bruckhaus Deringer LLP) for the claimant in the swap action.
  Thomas Sharpe QC, John Brisby QC, Alastair Tomson and Michael d'Arcy (instructed by Stephenson Harwood LLP) for the defendants in the lenders and swap actions.
Judgment Dates: 3 March 2016


Pleading - Amendment - Appeal - Proceedings concerning claim under credit facility agreement and in relation to interest rate swap agreement - Defendants being refused permission to make certain amendments to defence - Claimants being granted summary judgment in first action - Judge subsequently setting aside summary judgment - Judge refusing claimants' application for order for payment into court or interim payment - Defendants appealing against refusal to allow amendments - Claimants cross-appealing against refusal to order payment into court or interim payment - Whether judge erring.

The Case

Pleading Amendment. The Court of Appeal, Civil Division, dismissed the Unitech parties' appeal against the refusal to allow amendments to their pleadings in relation to five intended defences and allowed the lenders' cross-appeal against the refusal to order a payment into court or an interim payment. In respect of the latter, it was appropriate in the circumstances to make an order in line with the lenders' preference for a requirement for a payment into court.

Practice Areas

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