Mandrake Holdings Ltd & Anor v Countrywide Assured Group Ltd [2005] EWCA Civ 638 (12 May 2005)

Mandrake Holdings Ltd & Anor v Countrywide Assured Group Ltd [2005] EWCA Civ 638 (12 May 2005)

There is sufficient prospect of success on the application to justify an inter partes hearing, as the judge may have misapplied case management principles and misstated the applicant's proposal regarding preliminary issues. The legal issue regarding recoverability of damages for failure to pay under an indemnity...

Source-derived case information.

Citation
[2005] EWCA Civ 638
Parties
Applicant/claimant: Mandrake Holdings Limited; Applicant/claimant: Mandrake Associates Limited; Respondent/defendant: Countrywide Assured Group PLC
Jurisdiction
England and Wales
Judgment Date
12 May 2005
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal Refusal of Amendment
Outcome
Application adjourned for expedited inter partes hearing; substantive appeal to follow if permission granted.
Legal Topics
Amendment of Pleadings, Indemnity, Damages for Breach of Contract, Case Management
Contract Law Civil Procedure Amendment of Pleadings Indemnity Damages for Breach of Contract Case Management

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Summary, issues, holding and outcome

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Parties

Mandrake Holdings Limited

Applicant/claimant

Mandrake Associates Limited

Applicant/claimant

Countrywide Assured Group PLC

Respondent/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal Refusal of Amendment

Legal Issues

  1. 1 Whether permission should be granted to amend the points of claim to include a claim for loss of opportunity damages arising from failure to pay under an indemnity
  2. 2 Whether such damages are recoverable in law under existing authority
  3. 3 Whether the delay and potential loss of trial date justify refusal of amendment

Ratio Decidendi

There is sufficient prospect of success on the application to justify an inter partes hearing, as the judge may have misapplied case management principles and misstated the applicant's proposal regarding preliminary issues. The legal issue regarding recoverability of damages for failure to pay under an indemnity warrants further consideration.

Court Disposition

Application adjourned for expedited inter partes hearing; substantive appeal to follow if permission granted.

Orders

  • Matter to be expedited and heard before end of term.
  • Substantive appeal to follow if permission is granted.