Kelly v South Yorkshire Police [2001] EWCA Civ 1632 (25 October 2001)

Kelly v South Yorkshire Police [2001] EWCA Civ 1632 (25 October 2001)

The trial judge erred in refusing permission to amend the particulars of claim at the close of evidence, as the alternative case was supported by the evidence and could be advanced without injustice to the defendant. The judge applied the wrong test for causation, and the sitting on the claimant's legs could be a cause of injury even if the injury was completed by the car braking. The appeal is allowed and permission to amend is granted.

Citation
[2001] EWCA Civ 1632
Parties
Claimant/appellant: Patricia Kelly; Defendant/respondent: The Chief Constable of South Yorkshire Police
Jurisdiction
England and Wales
Judgment Date
25 October 2001
Procedural Posture
Civil Appeal / Appeal From County Court Decision After Jury Trial
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Assault and Battery, Causation, Unlawful Arrest, Jury Trial Procedure
Civil Procedure Tort Law Amendment of Pleadings Assault and Battery Causation Unlawful Arrest Jury Trial Procedure

Case Brief

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Parties

Patricia Kelly

Claimant/appellant

The Chief Constable of South Yorkshire Police

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision After Jury Trial

Legal Issues

  1. 1 Whether the trial judge erred in refusing permission to amend particulars of claim at the close of evidence
  2. 2 Whether the alternative factual case could properly be advanced at that stage
  3. 3 Whether the judge applied the correct legal test for causation in assault claims

Ratio Decidendi

The trial judge erred in refusing permission to amend the particulars of claim at the close of evidence, as the alternative case was supported by the evidence and could be advanced without injustice to the defendant. The judge applied the wrong test for causation, and the sitting on the claimant's legs could be a cause of injury even if the injury was completed by the car braking. The appeal is allowed and permission to amend is granted.

Court Disposition

Appeal allowed

Orders

  • Permission to amend particulars of claim granted in the terms applied for
  • Jury's findings to stand