The Football Association Premier League Ltd v O'Donovan & Anor [2017] EWHC 152 (Ch) (03 February 2017)

The Football Association Premier League Ltd v O'Donovan & Anor [2017] EWHC 152 (Ch) (03 February 2017)

The stay should be lifted and permission granted to amend the particulars of claim, as there is no absolute bar to adding new causes of action arising after issue where there is no limitation or incurable nullity, and the amendments are justified by changes in law and fact, with no prejudice to the defendant.

Citation
[2017] EWHC 152 (Ch)
Parties
Claimant: The Football Association Premier League Limited; First Defendant: Patrick O'Donovan; Second Defendant: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
03 February 2017
Procedural Posture
Civil / Application to Lift Stay and Amend Particulars of Claim
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Copyright Infringement, Stay of Proceedings, Relation Back Doctrine
Civil Procedure Intellectual Property Amendment of Pleadings Copyright Infringement Stay of Proceedings Relation Back Doctrine

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Parties

The Football Association Premier League Limited

Claimant

Patrick O'Donovan

First Defendant

Barclays Bank PLC

Second Defendant

Procedural Posture

Civil / Application to Lift Stay and Amend Particulars of Claim

Legal Issues

  1. 1 Whether the stay imposed by CPR 15.11 should be lifted
  2. 2 Whether permission should be granted to amend the particulars of claim to add new causes of action arising after the claim was issued

Ratio Decidendi

The stay should be lifted and permission granted to amend the particulars of claim, as there is no absolute bar to adding new causes of action arising after issue where there is no limitation or incurable nullity, and the amendments are justified by changes in law and fact, with no prejudice to the defendant.

Court Disposition

Application granted

Orders

  • Stay under CPR 15.11 lifted
  • Permission granted to amend particulars of claim as sought