The claimant sought damages for personal injury based upon one version of events. The defendant pleaded another, contrary, set of events and objected when the claimant sought to plead an alternative case to apply if the court found the defendants version of the facts.
Held: The alternative set of facts could be pleaded without the claimant swearing a statement of truth. The claim in the alternative was to be allowed.
Judges:
Mr Justice Maurice Kay Lord Justice Pill Lord Justice Carnwath
Citations:
[2003] EWCA Civ 993, Times 27-Aug-2003
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Clarke (executor of the will of Francis Bacon, deceased) v Marlborough Fine Art (London) Ltd and Another ChD 20-Nov-2001
A party will not be allowed to file pleadings which required him to make contradictory statements of truth in a unified claim. The alternative may be for the proceedings to go ahead as separate, non-unified claims. When considering whether there was . .
Cited – Kelly v Chief Constable of South Yorkshire Police CA 2001
At the conclusion of the evidence, the claimant sought to amend her claim to include an alternative factual basis of liability based not on her own evidence but on that of one of the police officers with whom she had been struggling in a car.
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Civil Procedure Rules
Updated: 07 June 2022; Ref: scu.184889