Mark Lewis Law Ltd & Anor v Taylor Hampton Solicitors Ltd & Anor [2017] EWHC 2359 (QB) (22 September 2017)

Mark Lewis Law Ltd & Anor v Taylor Hampton Solicitors Ltd & Anor [2017] EWHC 2359 (QB) (22 September 2017)

The appeal was refused because the proposed amendments to the defence and counterclaim constituted a collateral challenge to an earlier order (Gidden 1), which had already refused similar amendments. The Master exercised his discretion correctly in refusing permission to amend, considering prejudice, lateness, and the absence of a compelling reason to allow withdrawal of the concession. Limited permission to appeal was granted only on two minor points (grounds 7 and 8) relating to the period of the counterclaim and incorporation of existing concessions.

Citation
[2017] EWHC 2359
Parties
First Claimant/respondent: Mark Lewis Law Ltd; Second Claimant/respondent: Mark Lewis; First Defendant/appellant: Taylor Hampton Solicitors Ltd; Second Defendant/appellant: Taylor Hampton Law LLP
Jurisdiction
England and Wales
Judgment Date
22 September 2017
Procedural Posture
Civil Appeal (application for Permission to Appeal) / Permission to Appeal Against Case Management Order (amendment of Pleadings)
Outcome
Limited permission to appeal granted on grounds 7 and 8; otherwise, permission to appeal refused.
Legal Topics
Amendment of Pleadings, Collateral Challenge, Case Management Discretion, Withdrawal of Admissions, Mitigation of Loss, Counterclaim Quantum
Civil Procedure Contract Law Amendment of Pleadings Collateral Challenge Case Management Discretion Withdrawal of Admissions Mitigation of Loss Counterclaim Quantum

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Parties

Mark Lewis Law Ltd

First Claimant/respondent

Mark Lewis

Second Claimant/respondent

Taylor Hampton Solicitors Ltd

First Defendant/appellant

Taylor Hampton Law LLP

Second Defendant/appellant

Procedural Posture

Civil Appeal (application for Permission to Appeal) / Permission to Appeal Against Case Management Order (amendment of Pleadings)

Legal Issues

  1. 1 Whether the proposed amendments to the defence and counterclaim constituted a collateral challenge to an earlier order
  2. 2 Whether the Master erred in refusing permission to amend the pleadings
  3. 3 Whether the refusal caused prejudice or was made too late

Ratio Decidendi

The appeal was refused because the proposed amendments to the defence and counterclaim constituted a collateral challenge to an earlier order (Gidden 1), which had already refused similar amendments. The Master exercised his discretion correctly in refusing permission to amend, considering prejudice, lateness, and the absence of a compelling reason to allow withdrawal of the concession. Limited permission to appeal was granted only on two minor points (grounds 7 and 8) relating to the period of the counterclaim and incorporation of existing concessions.

Court Disposition

Limited permission to appeal granted on grounds 7 and 8; otherwise, permission to appeal refused.

Orders

  • Taylor Hampton permitted to present its counterclaim to 29 April 2015, with corresponding concessions extended.
  • Taylor Hampton permitted to incorporate other concessions already made in Mark Lewis' favour (e.g., 20% discount in recovery of fees billed).