Brown & Ors v Innovatorone Plc & Ors [2011] EWHC 3221 (Comm) (28 November 2011)

Brown & Ors v Innovatorone Plc & Ors [2011] EWHC 3221 (Comm) (28 November 2011)

Permission to amend is granted only for a limited number of new allegations (as set out in the revised schedule GS13), as allowing all 29 would unfairly prejudice the defendants, while refusing all would unduly prejudice the claimants. The revised amendments are sufficiently clear and particularised, do not introduce new causes of action, and strike a fair balance between the parties' interests.

Citation
[2011] EWHC 3221 (Comm)
Parties
Claimants: Andrew Brown & others; Respondents: Innovatorone Plc & others
Jurisdiction
England and Wales
Judgment Date
28 November 2011
Procedural Posture
Commercial Court Application / Application to Re Re Amend Particulars of Claim During Ongoing Trial
Outcome
Application granted in part
Legal Topics
Amendment of Pleadings, Late Amendments, Prejudice, Conspiracy, Misrepresentation, Dishonest Assistance
Civil Procedure Commercial Law Amendment of Pleadings Late Amendments Prejudice Conspiracy Misrepresentation Dishonest Assistance

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Parties

Andrew Brown & others

Claimants

Innovatorone Plc & others

Respondents

Procedural Posture

Commercial Court Application / Application to Re Re Amend Particulars of Claim During Ongoing Trial

Legal Issues

  1. 1 Whether to grant permission to re-re-amend Particulars of Claim to include amendments to conspiracy claim, misrepresentation claim, and additional allegations of backdated documents

Ratio Decidendi

Permission to amend is granted only for a limited number of new allegations (as set out in the revised schedule GS13), as allowing all 29 would unfairly prejudice the defendants, while refusing all would unduly prejudice the claimants. The revised amendments are sufficiently clear and particularised, do not introduce new causes of action, and strike a fair balance between the parties' interests.

Court Disposition

Application granted in part

Orders

  • Permission granted to amend Particulars of Claim as per revised schedule GS13 (limited to specified new allegations)
  • No requirement for further pleadings to the new schedule, but defendants may file further witness statements addressing the new allegations