Cluley v Cluley [2003] EWCA Civ 1595 (31 October 2003)

Cluley v Cluley [2003] EWCA Civ 1595 (31 October 2003)

The judge erred in granting permission to amend the Defence to withdraw the admission of a contractual relationship after the limitation period had expired, as this caused irremediable prejudice to the claimants who could no longer join other potentially liable parties. The prejudice was directly caused by the defendant's delay in seeking the amendment, and the claimants were entitled to rely on the admission in the original Defence. The appeal is allowed and the judge's order is set aside.

Citation
[2003] EWCA Civ 1595
Parties
Claimant/appellant: John Cluley; Claimant/appellant: Susan Cluley; Defendant/first Respondent: RL Dix Heating (A Firm); Part 20 Defendant/second Respondent: Nu Heat Limited
Jurisdiction
England and Wales
Judgment Date
31 October 2003
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed; judge's order set aside
Legal Topics
Amendment of Pleadings, Withdrawal of Admissions, Prejudice From Late Amendments, Limitation Periods, Collateral Warranty
Civil Procedure Contract Law Amendment of Pleadings Withdrawal of Admissions Prejudice From Late Amendments Limitation Periods Collateral Warranty

Case Brief

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Parties

John Cluley

Claimant/appellant

Susan Cluley

Claimant/appellant

RL Dix Heating (A Firm)

Defendant/first Respondent

Nu Heat Limited

Part 20 Defendant/second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in granting permission to amend the Defence to withdraw an admission of contractual relationship after limitation periods expired
  2. 2 Whether such amendment would cause irremediable prejudice to the claimants

Ratio Decidendi

The judge erred in granting permission to amend the Defence to withdraw the admission of a contractual relationship after the limitation period had expired, as this caused irremediable prejudice to the claimants who could no longer join other potentially liable parties. The prejudice was directly caused by the defendant's delay in seeking the amendment, and the claimants were entitled to rely on the admission in the original Defence. The appeal is allowed and the judge's order is set aside.

Court Disposition

Appeal allowed; judge's order set aside

Orders

  • Paragraphs 2, 6, 7, 8, 9 and 10 of the judge's order struck out
  • Appellants to receive 80% of their costs below and all costs of statements served pursuant to paragraph 7 of the order below, to be paid by the defendants