Patural v DB Services (UK) Ltd

Patural v DB Services (UK) Ltd

The application to amend is refused because there is no evidence supporting the allegation of bad faith in the process of awarding bonuses, and the claimant has not even stated he believes the process was tainted by bad faith. Allegations of bad faith require clear and cogent evidence, which is lacking. The amendment is speculative and not justified at this late stage.

Parties
Claimant: Yves Patural; Defendant: DB Services (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
13 November 2015
Procedural Posture
Civil / Application to Amend Particulars of Claim After Oral Judgment on Defendant's Applications
Outcome
Application to amend particulars of claim refused
Legal Topics
Amendment of Pleadings, Limitation Period, Allegations of Bad Faith, Implied Term of Trust and Confidence
Civil Procedure Employment Law Amendment of Pleadings Limitation Period Allegations of Bad Faith Implied Term of Trust and Confidence

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Parties

Yves Patural

Claimant

DB Services (UK) Ltd

Defendant

Procedural Posture

Civil / Application to Amend Particulars of Claim After Oral Judgment on Defendant's Applications

Legal Issues

  1. 1 Whether the claimant should be permitted to amend the particulars of claim to allege bad faith in the process of awarding bonuses for 2008 and 2009
  2. 2 Whether the amendment should be allowed despite being made late and potentially outside the limitation period

Ratio Decidendi

The application to amend is refused because there is no evidence supporting the allegation of bad faith in the process of awarding bonuses, and the claimant has not even stated he believes the process was tainted by bad faith. Allegations of bad faith require clear and cogent evidence, which is lacking. The amendment is speculative and not justified at this late stage.

Court Disposition

Application to amend particulars of claim refused

Orders

  • Application to amend particulars of claim to allege bad faith in the process of awarding bonuses for 2008 and 2009 is refused.