Best Friends Group & Anor (t/a Best Friends) v Barclays Bank Plc

Best Friends Group & Anor (t/a Best Friends) v Barclays Bank Plc

The judge was entitled to find that the naming of 'Best Friends Group' was not a genuine mistake and would have caused reasonable doubt as to the identity of the claimant; even if it was a mistake, the delay and conduct of the litigation justified refusing the amendment under the court's discretion.

Parties
Appellant/claimant: Best Friends Group; Appellant/claimant: Andrew Bennett (trading as Best Friends); Respondent/defendant: Barclays Bank Plc
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Civil Appeal / Appeal From Order Dismissing Application to Amend Claim Form
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Limitation of Actions, Substitution of Parties, Mistake as to Party Name
Civil Procedure Banking Law Amendment of Pleadings Limitation of Actions Substitution of Parties Mistake as to Party Name

Case Brief

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Parties

Best Friends Group

Appellant/claimant

Andrew Bennett (trading as Best Friends)

Appellant/claimant

Barclays Bank Plc

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Order Dismissing Application to Amend Claim Form

Legal Issues

  1. 1 Whether the naming of 'Best Friends Group' as claimant was a genuine mistake under CPR 17.4
  2. 2 Whether the mistake would have caused reasonable doubt as to the identity of the claimant
  3. 3 Whether the court should exercise its discretion to allow the amendment after the limitation period

Ratio Decidendi

The judge was entitled to find that the naming of 'Best Friends Group' was not a genuine mistake and would have caused reasonable doubt as to the identity of the claimant; even if it was a mistake, the delay and conduct of the litigation justified refusing the amendment under the court's discretion.

Court Disposition

Appeal dismissed

Orders

  • Application to amend claim form refused
  • Claim struck out