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 refused, though: ‘The overriding objective is that the court should deal with cases justly. That includes, so far as practicable, ensuring that each case is dealt with not only expeditiously but also fairly. Amendments in general ought to be allowed so that the real dispute between the parties can be adjudicated upon provided that any prejudice to the other party or parties caused by the amendment can be compensated for in costs, and the public interest in the efficient administration of justice is not significantly harmed. There is always prejudice when a party is not allowed to put forward his real case provided that it is properly arguable.’ Justice ordinarily requires that issues which either party properly wishes to raise should be heard.
Peter Gibson LJ
[1999] EWCA Civ 2074
Bailii
Landlord and Tenant Act 1985 11, Defective Premises Act 1972 4
England and Wales
Citing:
Cited – Welsh v Greenwich London Borough Council CA 6-Jul-2000
A flat had been let without heating. The tenant complained at the consequent damp and condensation. The authority claimed it was not obliged to put the property into a better condition under a clause saying it agreed ‘to maintain the dwelling in . .
Cited – Skuse v Granada Television CA 30-Mar-1993
The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six.
Held: The court should give to the . .
Cited by:
Cited – 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 . .
Cited – Savings and Investment Bank Ltd (In Liquidation) v Fincken CA 14-Nov-2003
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the . .
Cited – Daniels v Thompson CA 18-Mar-2004
The executor brought an action against the solicitor who had advised his client in connection with the transfer of her house in which she was to continue to live, saying he should have advised her that the gift would not protect her from Inheritance . .
Cited – Mastercard International Incorporated v Hitachi Credit (Uk) Plc ChD 8-Jul-2004
The claimants challenged award of a trade mark saying they were owners of many marks incorporating the word ‘Master’ associated with credit, and the applicants mark was too similar to its own.
Held: Applying Davidoff, the words can also be . .
Cited – Forticrete Ltd v Lafarge Roofing Ltd ChD 25-Nov-2005
Patent infringement action. . .
Cited – Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd ChD 16-Feb-2006
The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of . .
Cited – Gillick v Brook Advisory Centres and Another CA 23-Jul-2001
The claimant appealed after closing her action for an alleged defamation by the respondents in a leaflet published by them. She challenged an interim decision by the judge as to the meaning of the words complained of.
Held: The leaflet made . .
Cited – Berezovsky v Abramovich ComC 22-May-2008
Applications were made to amend pleadings and for consequential orders. The claimant sought damages of $4.3 billion alleging breach of trust. The claimant sought to add claims which the defendant said were out of time.
Held: The proposed . .
Cited – Parker and Another v SJ Berwin and Co and Another QBD 17-Dec-2008
The claimants sought damages from their former solicitors. They set out to purchase a football club, expending substantial sums for the purpose, relying on the defendants’ promised provision of service in finding and arranging the funding. They said . .
Cited – Shah and Another v HSBC Private Bank (UK) Ltd QBD 26-Jan-2009
The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays were made pending reports of suspected criminal activity. The bank’s delay had stigmatised the claimant causing further losses. The . .
Cited – Dowson and Others v Northumbria Police QBD 30-Apr-2009
Nine police officers claimed damages for alleged harassment under the 1997 Act by a senior officer in having bullied them and ordered them to carry out unlawful procedures. Amendments were sought which were alleged to be out of time and to have . .
Cited – Hussain and Another v Sarkar and Another CA 29-Jan-2010
The claimant sought damages saying that in a traffic accident, the first defendant driver had driven into the rear of their car. The second defendant asked for permission to amend its peading to allege fraud, that the accident had been staged, but . .
Cited – Wright v Caan QBD 27-Jul-2011
The claimant sought damages in defamation and malicious falsehood and in respect of a conversation with a journalist and the defendant’s website. The defendant had made offers of support to her business venture in a television program. After she . .
Cited – Khudados v Leggate and others EAT 16-Feb-2005
Application was made to make extensive amendments to the notice of appeal.
Held: The application was refused. The EAT practice guide required an application for an amendment to be made as soon as its necessity became apparent. The applicant . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.146989
