Bleasdale & Anor v Forster

Bleasdale & Anor v Forster

Permission to amend the particulars of claim to plead the alternative case is refused because the proposed amendments do not disclose an arguable case that the alleged representations were made by the defendant. The evidence relied on does not support the contention that the representations were communicated to the claimants, and so close to trial, the claimants must be held to the terms in which the amendments are pleaded.

Parties
Claimant: Kathleen Veronica Bleasdale; Claimant: John Cariss; Defendant: Deborah Jane Forster
Jurisdiction
England and Wales
Judgment Date
16 March 2011
Procedural Posture
Civil / Ruling on Application to Amend Particulars of Claim Prior to Trial
Outcome
Application to amend particulars of claim refused in part; permission granted for unopposed and unrelated amendments; further particulars required for certain damages claims.
Legal Topics
Amendment of Pleadings, Fraudulent Misrepresentation, Inducement, Damages, Case Management
Civil Procedure Contract Law Fraud Amendment of Pleadings Fraudulent Misrepresentation Inducement Damages Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kathleen Veronica Bleasdale

Claimant

John Cariss

Claimant

Deborah Jane Forster

Defendant

Procedural Posture

Civil / Ruling on Application to Amend Particulars of Claim Prior to Trial

Legal Issues

  1. 1 Whether to grant permission for late amendment of particulars of claim to plead an alternative case of fraudulent misrepresentation based on defendant's evidence
  2. 2 Whether the proposed amendments disclose an arguable case that the alleged representations were made
  3. 3 Whether a claimant can plead inducement by a representation they deny was made

Ratio Decidendi

Permission to amend the particulars of claim to plead the alternative case is refused because the proposed amendments do not disclose an arguable case that the alleged representations were made by the defendant. The evidence relied on does not support the contention that the representations were communicated to the claimants, and so close to trial, the claimants must be held to the terms in which the amendments are pleaded.

Court Disposition

Application to amend particulars of claim refused in part; permission granted for unopposed and unrelated amendments; further particulars required for certain damages claims.

Orders

  • Permission to amend particulars of claim to plead alternative case of fraudulent misrepresentation refused.
  • Permission granted for unopposed amendments to paragraphs 10, 11, and 41 of particulars of claim.