Mandrake Holdings Ltd. v Mandrake Associates Ltd. [2005] EWCA Civ 840 (26 May 2005)

Mandrake Holdings Ltd. v Mandrake Associates Ltd. [2005] EWCA Civ 840 (26 May 2005)

Appeal dismissed because binding authority precludes damages for late payment under a contract of indemnity; only interest is recoverable. Trial judge was correct to refuse permission to amend as claim was legally hopeless under current law.

Citation
[2005] EWCA Civ 840
Parties
Claimant/appellant: Mandrake Holdings Limited; Claimant/appellant: Mandrake Associates Limited; Defendant/respondent: Countrywide Assured Group PLC
Jurisdiction
England and Wales
Judgment Date
26 May 2005
Procedural Posture
Civil Appeal / Permission to Appeal and Appeal From High Court Judgment
Outcome
Appeal dismissed; permission to appeal granted; permission to appeal to House of Lords refused.
Legal Topics
Indemnity Contracts, Damages for Late Payment, Amendment of Pleadings, Case Management, Pension Mis Selling
Contract Law Insurance Law Civil Procedure Indemnity Contracts Damages for Late Payment Amendment of Pleadings Case Management Pension Mis Selling

Case Brief

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Parties

Mandrake Holdings Limited

Claimant/appellant

Mandrake Associates Limited

Claimant/appellant

Countrywide Assured Group PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal and Appeal From High Court Judgment

Legal Issues

  1. 1 Whether damages for consequential loss are recoverable for late payment under a contract of indemnity
  2. 2 Whether permission to amend pleadings should be granted to include a new claim for damages
  3. 3 Effect of binding authority on trial judge's discretion

Ratio Decidendi

Appeal dismissed because binding authority precludes damages for late payment under a contract of indemnity; only interest is recoverable. Trial judge was correct to refuse permission to amend as claim was legally hopeless under current law.

Court Disposition

Appeal dismissed; permission to appeal granted; permission to appeal to House of Lords refused.

Orders

  • Permission to appeal granted
  • Appeal against order refusing permission to amend dismissed