Kimathi v Foreign and Commonwealth Office [2017] EWHC 2145 (QB) (18 August 2017)

Kimathi v Foreign and Commonwealth Office [2017] EWHC 2145 (QB) (18 August 2017)

Permission to amend IPOCs is granted in part, applying the overriding objective and relevant legal principles. Amendments are allowed where prejudice to the Defendant is not substantial and where justice requires the Claimants to be able to present their case in light of evidence. Dispensation with statement of truth is permitted for amendments based solely on documentary evidence. Amendments causing real disruption or requiring recall of witnesses are refused, especially where no explanation for delay is provided and documents relied upon were long in Claimants' possession.

Citation
[2017] EWHC 2145
Parties
Claimants: Kimathi and ors; Defendant: Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
18 August 2017
Procedural Posture
Civil / Interlocutory Application for Permission to Amend Pleadings
Outcome
Application to amend IPOCs allowed in part, refused in part.
Legal Topics
Amendment of Pleadings, Late Amendments, Disclosure, Statements of Truth
Civil Procedure Amendment of Pleadings Late Amendments Disclosure Statements of Truth

Case Brief

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Parties

Kimathi and ors

Claimants

Foreign and Commonwealth Office

Defendant

Procedural Posture

Civil / Interlocutory Application for Permission to Amend Pleadings

Legal Issues

  1. 1 Whether late amendments to Individual Particulars of Claim should be permitted
  2. 2 Whether statements of truth can be dispensed with for amendments based on documentary evidence
  3. 3 Assessment of prejudice to the Defendant from late amendments

Ratio Decidendi

Permission to amend IPOCs is granted in part, applying the overriding objective and relevant legal principles. Amendments are allowed where prejudice to the Defendant is not substantial and where justice requires the Claimants to be able to present their case in light of evidence. Dispensation with statement of truth is permitted for amendments based solely on documentary evidence. Amendments causing real disruption or requiring recall of witnesses are refused, especially where no explanation for delay is provided and documents relied upon were long in Claimants' possession.

Court Disposition

Application to amend IPOCs allowed in part, refused in part.

Orders

  • Permission granted for certain amendments to Individual Particulars of Claim as specified in attached schedule.
  • Dispensation with statement of truth for amendments based solely on documentary evidence.