Kimathi & Ors v Foreign and Commonwealth Office [2017] EWHC 2703 (QB) (31 October 2017)

Kimathi & Ors v Foreign and Commonwealth Office [2017] EWHC 2703 (QB) (31 October 2017)

Amendments to pleadings are permitted only where they clarify or particularise injuries already pleaded and are consistent with the scope of prior pleadings and medical evidence. Amendments introducing new injuries or psychiatric diagnoses not previously pleaded are refused, especially where the Claimants had the opportunity to amend after receipt of medical evidence but failed to do so. The overriding objective and need for procedural discipline outweigh the Claimants' arguments for late amendment.

Citation
[2017] EWHC 2703
Parties
Claimant: Kimathi & ors; Defendant: Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
31 October 2017
Procedural Posture
Group Litigation (kenyan Emergency) / Interlocutory Application Regarding Amendments to Individual Particulars of Claim
Outcome
Application granted in part and refused in part.
Legal Topics
Amendment of Pleadings, Personal Injury, Psychiatric Injury, Late Amendments, Case Management
Civil Procedure Tort Law Amendment of Pleadings Personal Injury Psychiatric Injury Late Amendments Case Management

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Parties

Kimathi & ors

Claimant

Foreign and Commonwealth Office

Defendant

Procedural Posture

Group Litigation (kenyan Emergency) / Interlocutory Application Regarding Amendments to Individual Particulars of Claim

Legal Issues

  1. 1 Whether the Claimants should be permitted to amend their Individual Particulars of Claim to include new or clarified allegations of injury, including psychiatric injury, after the close of medical evidence and oral testimony.
  2. 2 Whether late amendments to pleadings, particularly those introducing new injuries or psychiatric diagnoses, should be allowed in light of prior case management orders and the overriding objective.

Ratio Decidendi

Amendments to pleadings are permitted only where they clarify or particularise injuries already pleaded and are consistent with the scope of prior pleadings and medical evidence. Amendments introducing new injuries or psychiatric diagnoses not previously pleaded are refused, especially where the Claimants had the opportunity to amend after receipt of medical evidence but failed to do so. The overriding objective and need for procedural discipline outweigh the Claimants' arguments for late amendment.

Court Disposition

Application granted in part and refused in part.

Orders

  • Amendments clarifying or particularising injuries already pleaded are permitted.
  • Amendments introducing new injuries or psychiatric diagnoses not previously pleaded are refused.