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 permission was refused. It now appealed.
Held: Sufficient questions had been raised about the circumstances surrounding the accident to justify the defendant being allowed to proceed with its allegations at trial. The appeal succeeded. A retrial should be ordered.
Judges:
Mummery, Toulson, Patten LJJ
Citations:
[2010] EWCA Civ 301
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Medcalf v Mardell, Weatherill and Another HL 27-Jun-2002
The appellants were barristers against whom wasted costs orders had been made. They appealed. They had made allegations of fraud in pleadings, but without being able to provide evidence to support the allegation. This was itself a breach of the Bar . .
Cited – Cobbold 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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 16 August 2022; Ref: scu.406406