Clyde & Co Llp & Anor v New Look Interiors of Marlow Ltd & Anor [2009] EWHC 173 (QB) (06 February 2009)

Clyde & Co Llp & Anor v New Look Interiors of Marlow Ltd & Anor [2009] EWHC 173 (QB) (06 February 2009)

The proposed amendments were speculative, lacked sufficient particularity, and sought to reverse the burden of proof. The Master erred in exercising his discretion to allow the amendments, as the claimants' case did not have a realistic prospect of success and imposed an intolerable burden on the defendants.

Citation
[2009] EWHC 173
Parties
Claimant/respondent: Clyde & Co LLP; Claimant/respondent: Clyde & Co (A Firm); Defendant/appellant: New Look Interiors of Marlow Limited; Defendant/appellant: Anthony Phillip Blayden
Jurisdiction
England and Wales
Judgment Date
06 February 2009
Procedural Posture
Appeal / Appeal Against Order Granting Permission to Amend Particulars of Claim
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Implied Terms, Fraudulent Misrepresentation, Negligent Misstatement, Mistake, Disclosure, Burden of Proof
Civil Procedure Contract Law Tort Law Amendment of Pleadings Implied Terms Fraudulent Misrepresentation Negligent Misstatement Mistake +2 more

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Parties

Clyde & Co LLP

Claimant/respondent

Clyde & Co (A Firm)

Claimant/respondent

New Look Interiors of Marlow Limited

Defendant/appellant

Anthony Phillip Blayden

Defendant/appellant

Procedural Posture

Appeal / Appeal Against Order Granting Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the Master erred in granting permission to amend the particulars of claim
  2. 2 Whether the proposed amendments were speculative, unsupported by evidence, and insufficiently particularised
  3. 3 Whether the claimants' case had a realistic prospect of success

Ratio Decidendi

The proposed amendments were speculative, lacked sufficient particularity, and sought to reverse the burden of proof. The Master erred in exercising his discretion to allow the amendments, as the claimants' case did not have a realistic prospect of success and imposed an intolerable burden on the defendants.

Court Disposition

Appeal allowed

Orders

  • Permission to amend particulars of claim refused
  • Claimants may seek to plead a more focused and particularised case if appropriate