Bowerbank v Amos (Formerly Staff): CA 31 Jul 2003

The parties had gone into business together. After a breakdown, they had now spent very considerable sums in litigation. At the trial, the judge allowed an amendment of the claim after the close of evidence. He considered that it related to matters dealt with in great detail already, and gave judgment.
Held: The judge had not made his decision and therefore a Barrell test was not necessary. Nevertheless, he should have allowed the defendant to address with the pleadings as amended. The judgment must be set aside.


Lord Justice Brooke Mr Justice Holman Lord Justice Kennedy


[2003] EWCA Civ 1161, Gazette 16-Oct-2003




England and Wales


CitedIn re Barrell Enterprises CA 1972
A judge has power to reconsider a judgement which he has delivered before the order consequent upon it has been sealed, but the judge should only exercise this power if there are strong reasons for doing so. When oral judgments have been given the . .
CitedStewart v Engel, BDO Stoy Hayward CA 17-May-2000
A judge may reopen a case even after he has delivered his final judgment. A judge invited counsel to amend his pleading to incorporate an improvement, but in the face of his repeated failure to take up the invitation, entered final judgment against . .
CitedCobbold v London Borough of Greenwich CA 9-Aug-1999
The tenant had sought an order against the council landlord for failure to repair her dwelling. The defendant appealed refusal of leave to amend the pleadings in anticipation of the trial, now due to start on the following day.
Held: Leave was . .

Cited by:

CitedIggleden v Fairview New Homes (Shooters Hill) Ltd TCC 1-Jun-2007
The claimants bought a newly built home from the defendants. Defects were alleged and admitted, but the defendants said the claimants had failed to mitigate their losses or accept offers to have work done. The claimants now sought leave to add . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 07 June 2022; Ref: scu.184916