Lawerence & Anor v Fen Tigers Ltd & Ors

Lawerence & Anor v Fen Tigers Ltd & Ors

The claim for exemplary damages should not be struck out as pleaded, since if the court finds all defendants liable for some outrageous behaviour with the required motive, a claim would lie against all, with damages assessed by reference to the least grave conduct. Amendments to pleadings are allowed, and certain passages in witness statements are to be deleted or reserved for the trial judge.

Parties
Claimant: Katherine Lawerence; Claimant: Raymond Shields; Defendant: Fen Tigers Ltd; Defendant: David Mitchell Coventry (t/a RDC Promotions); Defendant: Moto-Land UK Ltd; Defendant: Terence Raymond Waters; Defendant: Anthony Walter Morley; Defendant: James Edward Waters
Jurisdiction
England and Wales
Judgment Date
18 October 2010
Procedural Posture
Civil / Pre Trial Review
Outcome
Application to amend Particulars of Claim allowed except for exemplary damages, which is not struck out; amendments to Defence allowed; certain passages in witness statements deleted or reserved; trial adjourned; costs directions given.
Legal Topics
Nuisance, Exemplary Damages, Amendment of Pleadings, Costs, Admissibility of Evidence
Tort Civil Procedure Nuisance Exemplary Damages Amendment of Pleadings Costs Admissibility of Evidence

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Parties

Katherine Lawerence

Claimant

Raymond Shields

Claimant

Fen Tigers Ltd

Defendant

David Mitchell Coventry (t/a RDC Promotions)

Defendant

Moto-Land UK Ltd

Defendant

Terence Raymond Waters

Defendant

Anthony Walter Morley

Defendant

James Edward Waters

Defendant

Procedural Posture

Civil / Pre Trial Review

Legal Issues

  1. 1 Whether the claim for exemplary damages should be struck out
  2. 2 Whether amendments to pleadings should be allowed
  3. 3 Admissibility of certain passages in witness statements

Ratio Decidendi

The claim for exemplary damages should not be struck out as pleaded, since if the court finds all defendants liable for some outrageous behaviour with the required motive, a claim would lie against all, with damages assessed by reference to the least grave conduct. Amendments to pleadings are allowed, and certain passages in witness statements are to be deleted or reserved for the trial judge.

Court Disposition

Application to amend Particulars of Claim allowed except for exemplary damages, which is not struck out; amendments to Defence allowed; certain passages in witness statements deleted or reserved; trial adjourned; costs directions given.

Orders

  • Claimants to prepare and lodge draft order
  • Trial adjourned to 24 January 2011 for 10 days