An accountant sought payment of his professional fees. The defendants had sought to re-amend their defence and counterclaim. Appeals had variously been allowed to go ahead or denied after the master had not been able to deal with all of them for lack of time.
Held: The several appeals raised common issues. Some were first appeals and some second. The applicable test for such appeals when heard together was that in CPR 52.3(6), treating them as first appeals. The new allegations arose out of the same or substantially the same facts as those already pleaded, so that permission to amend was granted.
Judges:
Clarke, Jonathan Parker LJJ
Citations:
Times 25-Apr-2005, [2005] EWCA Civ 290
Links:
Statutes:
Civil Procedure Rules 52.13(2) 52.3(6)
Jurisdiction:
England and Wales
Citing:
Cited – Uphill v BRB (Residuary) Ltd CA 3-Feb-2005
The court considered an application for leave for a second appeal.
Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an . .
Cited by:
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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules, Limitation
Updated: 29 June 2022; Ref: scu.223578