Application by the claimants to re-amend the particulars of claim the focus of dispute lies, unusually, not in amendments which the claimants wish to make but in amendments which the claimants do not wish to make to their statement of case. The defendants contend that the claimants’ decision to leave certain claims in the particulars of claim and not to delete those claims comes too late, because the claims have already been discontinued. The claimants deny that they have discontinued the claims. If it is found that the claims have not been discontinued, the defendants renew an application issued much earlier in the proceedings, but which has never been decided, and seek a declaration that the court has no jurisdiction to determine the claims in question because those claims do not raise a serious issue to be tried.
Leggatt J
[2016] EWHC 2363 (Comm), [2016] WLR(D) 516, [2017] 1 WLR 467
Bailii, WLRD
England and Wales
Litigation Practice
Updated: 24 January 2022; Ref: scu.570152
