The court was asked whether the trial judge (Peter Smith J) was wrong to grant permission for a late amendment to the claim, pursuant to an application made shortly before the start of the trial. Following the trial, the claim succeeded on the amended basis, but in the light of the judge’s findings of fact and of foreign law would have failed on the basis of the claim as it was pleaded before the amendment.
[2016] EWCA Civ 1259
Bailii
England and Wales
Litigation Practice
Updated: 27 January 2022; Ref: scu.572410
