Brown & Ors v Innovatorone Plc & Ors

Brown & Ors v Innovatorone Plc & Ors

Permission to amend was granted only for a limited number of new allegations (as set out in the revised schedule GS13), as allowing all 29 would be unfairly prejudicial to the defendants at this late stage, but refusing all would unduly prejudice the claimants. The revised amendments were sufficiently clear, did not introduce new causes of action, and struck a fair balance between the parties' interests.

Parties
Claimants: Andrew Brown & others; Defendants: Innovatorone Plc & others
Jurisdiction
England and Wales
Judgment Date
28 November 2011
Procedural Posture
Civil (commercial) / Interlocutory Application to Re Re Amend Particulars of Claim During Ongoing Trial
Outcome
Application allowed in part
Legal Topics
Amendment of Pleadings, Conspiracy, Misrepresentation, Dishonest Assistance, Backdating of Documents
Civil Procedure Commercial Law Amendment of Pleadings Conspiracy Misrepresentation Dishonest Assistance Backdating of Documents

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Parties

Andrew Brown & others

Claimants

Innovatorone Plc & others

Defendants

Procedural Posture

Civil (commercial) / Interlocutory Application to Re Re Amend Particulars of Claim During Ongoing Trial

Legal Issues

  1. 1 Whether to grant permission to re-re-amend the Particulars of Claim to include further allegations of backdating of documents and clarify conspiracy and misrepresentation claims

Ratio Decidendi

Permission to amend was granted only for a limited number of new allegations (as set out in the revised schedule GS13), as allowing all 29 would be unfairly prejudicial to the defendants at this late stage, but refusing all would unduly prejudice the claimants. The revised amendments were sufficiently clear, did not introduce new causes of action, and struck a fair balance between the parties' interests.

Court Disposition

Application allowed in part

Orders

  • Permission granted to amend Particulars of Claim in accordance with the revised schedule GS13, limited to a specified number of new allegations.
  • No requirement for further pleadings to the new schedule, but defendants may file further witness statements addressing the new allegations if they wish.