Mandrake Holdings Ltd & Anor v Countrywide Assured Group Ltd

There is sufficient prospect of success on the application to justify an inter partes hearing with any appeal to follow and be determined at the same time. The judge may have misapplied the distinction between striking out an action and granting permission to amend, and may have misstated the applicant's proposal regarding preliminary determination of legal issues.

Parties: Applicant/claimant: Mandrake Holdings Limited; Applicant/claimant: Mandrake Associates Limited; Respondent/defendant: Countrywide Assured Group PLC
Jurisdiction: England and Wales
Judgment Date: 12 May 2005
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: Application adjourned for expedited inter partes hearing; substantive appeal to follow if permission granted.
Legal Topics: Indemnity, Amendment of Pleadings, Damages for Breach of Contract

Contract Law Insurance Law Indemnity Amendment of Pleadings Damages for Breach of Contract

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Parties

Mandrake Holdings Limited

Applicant/claimant

Mandrake Associates Limited

Applicant/claimant

Countrywide Assured Group PLC

Respondent/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether damages for loss of opportunity to expand business are recoverable for failure to pay under an indemnity
2 Whether permission to amend the claim should be granted despite delay and potential prejudice to the defendant

Ratio Decidendi

Court Disposition

Application adjourned for expedited inter partes hearing; substantive appeal to follow if permission granted.

Orders

Matter to be expedited and heard before end of term.
Substantive appeal to follow if permission is granted.