Electronic Data Systems Ltd v National Air Traffic Services & Anor [2002] EWCA Civ 13 (15 January 2002)

Electronic Data Systems Ltd v National Air Traffic Services & Anor [2002] EWCA Civ 13 (15 January 2002)

The particulars pleaded by EDS in the proposed amendment were sufficient to raise an arguable inference that NATS would have terminated the contract in such a way that it would not have been able to recoup its expenditure, and the amendment should be permitted.

Citation
[2002] EWCA Civ 13
Parties
Claimant/appellant: Electronic Data Systems Ltd; Defendant/respondent: National Air Traffic Services; Defendant/respondent: NATS (En Route) Ltd
Jurisdiction
England and Wales
Judgment Date
15 January 2002
Procedural Posture
Civil Appeal / Appeal From Refusal of Amendment to Pleadings Prior to Trial
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Causation of Loss, Measure of Damages, Private Finance Initiative Contracts
Contract Law Civil Procedure Amendment of Pleadings Causation of Loss Measure of Damages Private Finance Initiative Contracts

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Parties

Electronic Data Systems Ltd

Claimant/appellant

National Air Traffic Services

Defendant/respondent

NATS (En Route) Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Amendment to Pleadings Prior to Trial

Legal Issues

  1. 1 Whether the claimant should be permitted to amend its reply and defence to counterclaim to plead that the defendant would have terminated the contract in any event, breaking the chain of causation for wasted expenditure damages

Ratio Decidendi

The particulars pleaded by EDS in the proposed amendment were sufficient to raise an arguable inference that NATS would have terminated the contract in such a way that it would not have been able to recoup its expenditure, and the amendment should be permitted.

Court Disposition

Appeal allowed

Orders

  • Permission granted to amend reply and defence to counterclaim by adding paragraph 17