Barnes v Handf Acceptances Ltd [2002] EWCA Civ 1238 (25 July 2002)

Barnes v Handf Acceptances Ltd [2002] EWCA Civ 1238 (25 July 2002)

The application was refused because the proposed amendments to the particulars of claim were so extensive and complex as to make a fair and proportionate trial impossible, and there was no important point of principle or compelling reason to justify a second appeal.

Citation
[2002] EWCA Civ 1238
Parties
Applicant: Eric Barnes; Defendant: Handf Acceptances Ltd
Jurisdiction
England and Wales
Judgment Date
25 July 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Application refused
Legal Topics
Amendment of Pleadings, Case Management, Second Appeals, Overriding Objective
Civil Procedure Amendment of Pleadings Case Management Second Appeals Overriding Objective

Case Brief

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Parties

Eric Barnes

Applicant

Handf Acceptances Ltd

Defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether permission should be granted for a second appeal against refusal to allow amended particulars of claim
  2. 2 Whether the proposed amendments to the particulars of claim were proportionate and consistent with the overriding objective

Ratio Decidendi

The application was refused because the proposed amendments to the particulars of claim were so extensive and complex as to make a fair and proportionate trial impossible, and there was no important point of principle or compelling reason to justify a second appeal.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused
  • No order for costs