Bowerbank v Amos

Bowerbank v Amos

The judge was entitled to allow the amendment to plead a contractual claim during trial, but erred in refusing an adjournment for further cross-examination of the claimant, and in his assessment of damages. The appeal was allowed to the extent of setting aside the judgment and costs order, and remitting the case for further hearing.

Parties
Appellant/defendant: Nigel Bowerbank; Respondent/claimant: Rachelle Amos (formerly Staff)
Jurisdiction
England and Wales
Judgment Date
31 July 2003
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal (civil Division)
Outcome
Appeal allowed in part; judgment and costs order set aside; case remitted for further hearing.
Legal Topics
Breach of Contract, Breach of Trust, Amendment of Pleadings, Costs, Case Management, Damages
Contract Law Equity and Trusts Civil Procedure Breach of Contract Breach of Trust Amendment of Pleadings Costs Case Management +1 more

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Parties

Nigel Bowerbank

Appellant/defendant

Rachelle Amos (formerly Staff)

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the trial judge erred in granting permission to amend the particulars of claim after judgment on the facts but before the order was perfected
  2. 2 Whether the judge erred in refusing the defendant's application to adjourn for further cross-examination and evidence
  3. 3 Whether the judge erred in his assessment of damages for breach of contract

Ratio Decidendi

The judge was entitled to allow the amendment to plead a contractual claim during trial, but erred in refusing an adjournment for further cross-examination of the claimant, and in his assessment of damages. The appeal was allowed to the extent of setting aside the judgment and costs order, and remitting the case for further hearing.

Court Disposition

Appeal allowed in part; judgment and costs order set aside; case remitted for further hearing.

Orders

  • Paragraphs 2 and 3 of the order of 6th December 2002 set aside.
  • Case remitted to His Honour Judge Green QC to resume hearing on the amended particulars of claim dated 4th December 2002.