P & O Nedlloyd BV v Arab Metals Co & Ors [2006] EWCA Civ 1300 (28 March 2006)

P & O Nedlloyd BV v Arab Metals Co & Ors [2006] EWCA Civ 1300 (28 March 2006)

The proposed amendments arise out of the same facts as originally pleaded, namely the fax of 27 May 1998 and the authority of Martin, with no reliance on new facts. There is no real prejudice to the defendants, and to refuse the amendment would unjustly penalise the claimant for not pleading every alternative legal basis at the outset. The court should exercise its discretion to allow the amendments.

Citation
[2006] EWCA Civ 1300
Parties
Claimant/appellant: P & O Nedlloyd BV; Defendant/respondent: Arab Metals Co; Defendant/respondent: Stena Trading AB; Defendant/respondent: Ireland Alloys Ltd
Jurisdiction
England and Wales
Judgment Date
28 March 2006
Procedural Posture
Civil Appeal / Appeal From Commercial Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Limitation Periods, Bills of Lading, Contract Variation, Specific Performance
Civil Procedure Commercial Law Amendment of Pleadings Limitation Periods Bills of Lading Contract Variation Specific Performance

Case Brief

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Parties

P & O Nedlloyd BV

Claimant/appellant

Arab Metals Co

Defendant/respondent

Stena Trading AB

Defendant/respondent

Ireland Alloys Ltd

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant should be granted leave to amend particulars of claim to raise new causes of action alleged to be time barred
  2. 2 Whether the proposed amendments arise out of the same or substantially the same facts as the original claim under CPR 17.4(2)
  3. 3 Whether the court should exercise its discretion to allow the amendment despite delay

Ratio Decidendi

The proposed amendments arise out of the same facts as originally pleaded, namely the fax of 27 May 1998 and the authority of Martin, with no reliance on new facts. There is no real prejudice to the defendants, and to refuse the amendment would unjustly penalise the claimant for not pleading every alternative legal basis at the outset. The court should exercise its discretion to allow the amendments.

Court Disposition

Appeal allowed

Orders

  • Leave to amend particulars of claim granted