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 evidence to support an amendment, the court should apply the same test as for an application for summary judgment or to strike out. Hearsay evidence now being generally admissible, the requirement to state the source of any hearsay was procedural, and went as to weight, and did not the attribution to be based upon non-hearsay evidence.


Patten J


Times 04-Dec-2001, Gazette 17-Jan-2002, [2002] 1 WLR 1731


Civil Procedure Rules 38, Civil Evidence Act 1995


England and Wales

Cited by:

CitedBinks v Securicor Omega Express Ltd CA 16-Jul-2003
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 . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules, Litigation Practice, Evidence

Updated: 27 June 2022; Ref: scu.166944