Evans v CIG Mon Cymru Ltd

Evans v CIG Mon Cymru Ltd

The amendment sought was not to introduce a new claim but to correct an obvious clerical error. The claim form and particulars of claim must be read together in context. The error caused no prejudice and the amendment is permissible under the rules. The lower courts erred in striking out the particulars of claim and refusing the amendment.

Parties
Appellant: Darren Evans; Respondent: CIG Mon Cymru Ltd
Jurisdiction
England and Wales
Judgment Date
18 January 2008
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
appeal allowed
Legal Topics
Amendment of Pleadings, Limitation Period, Interpretation of Claim Form, Striking Out Pleadings
Civil Procedure Amendment of Pleadings Limitation Period Interpretation of Claim Form Striking Out Pleadings

Case Brief

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Parties

Darren Evans

Appellant

CIG Mon Cymru Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a clerical error in the claim form describing the cause of action as 'abuse at work' instead of 'accident at work' can be amended after the limitation period has expired
  2. 2 Whether the particulars of claim can be struck out as irrelevant when served with a claim form containing a clerical error
  3. 3 Whether CPR 17.4 and section 35 of the Limitation Act 1980 preclude such an amendment

Ratio Decidendi

The amendment sought was not to introduce a new claim but to correct an obvious clerical error. The claim form and particulars of claim must be read together in context. The error caused no prejudice and the amendment is permissible under the rules. The lower courts erred in striking out the particulars of claim and refusing the amendment.

Court Disposition

appeal allowed

Orders

  • claim form amended to say 'an accident' instead of 'abuse'
  • action restored