The EJ allowed amendments to the particulars of claim without properly applying the Selkent guidance; in particular:
(1) he allowed amendments to add new claims simply because those new claims were ‘in time’ without considering any other criteria like whether the claims were viable in any event;
(2) he allowed amendments to the existing claims (which were out of time) without giving any consideration to whether an extension of time to bring them should be granted;
(3) he did not carry out a proper overall assessment of relative prejudice before giving leave for all the amendments sought.
The question of amendment would be remitted to the ET to be reconsidered by a new EJ.
[2020] UKEAT 0280 – 19 – 2802
Bailii
England and Wales
Employment
Updated: 17 November 2021; Ref: scu.651611