Right Support Management Limited v The London Borough of Hillingdon

Right Support Management Limited v The London Borough of Hillingdon

The Judge below erred in refusing permission to amend for claims not limitation barred and in finding the new cause of action did not arise from substantially the same facts. The Judge also erred in refusing relief from sanctions, failing to consider relevant factors and the overriding objective. Both appeal grounds are upheld.

Parties
Appellant/claimant: Right Support Management Limited; Respondent/defendant: The London Borough of Hillingdon
Jurisdiction
England and Wales
Judgment Date
07 April 2025
Procedural Posture
Civil Appeal / Appeal From Central London County Court Decision, Post Interlocutory Applications
Outcome
Appeal allowed on both grounds.
Legal Topics
Amendment of Pleadings, Relief From Sanctions, Statutory Duty Under Mental Health Act, Limitation, Costs Management
Civil Procedure Public Law Mental Health Law Amendment of Pleadings Relief From Sanctions Statutory Duty Under Mental Health Act Limitation Costs Management

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Parties

Right Support Management Limited

Appellant/claimant

The London Borough of Hillingdon

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Central London County Court Decision, Post Interlocutory Applications

Legal Issues

  1. 1 Whether permission to amend Particulars of Claim to plead statutory duty under S.117 Mental Health Act should be granted
  2. 2 Whether relief from costs sanctions under CPR r.3.14 should be granted

Ratio Decidendi

The Judge below erred in refusing permission to amend for claims not limitation barred and in finding the new cause of action did not arise from substantially the same facts. The Judge also erred in refusing relief from sanctions, failing to consider relevant factors and the overriding objective. Both appeal grounds are upheld.

Court Disposition

Appeal allowed on both grounds.

Orders

  • Permission to amend Particulars of Claim granted for invoices from August 2018 onwards.
  • Relief from CPR r.3.14 costs sanctions granted.