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 only permitted where they clarify or particularise injuries already pleaded and are consistent with the scope previously allowed by the court. New allegations of specific psychiatric injury not previously pleaded are not permitted, especially where the Claimants had the opportunity to plead such matters after receipt of medical evidence but failed to do so. The overriding objective and procedural fairness require discipline in group litigation, and late amendments causing prejudice or disrupting the process will generally be refused.

Citation
[2017] EWHC 2703 (QB)
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, Group Litigation Procedure
Civil Procedure Tort Law Amendment of Pleadings Personal Injury Psychiatric Injury Late Amendments Group Litigation Procedure

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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 after Claimants' oral evidence.
  2. 2 Whether late amendments to pleadings should be allowed where the Defendant claims prejudice and the Claimants had prior opportunity to plead such matters.

Ratio Decidendi

Amendments to pleadings are only permitted where they clarify or particularise injuries already pleaded and are consistent with the scope previously allowed by the court. New allegations of specific psychiatric injury not previously pleaded are not permitted, especially where the Claimants had the opportunity to plead such matters after receipt of medical evidence but failed to do so. The overriding objective and procedural fairness require discipline in group litigation, and late amendments causing prejudice or disrupting the process will generally be refused.

Court Disposition

Application granted in part and refused in part.

Orders

  • Certain amendments to Individual Particulars of Claim permitted where they clarify or particularise injuries already pleaded or reduce the scope of allegations.
  • Amendments introducing new specific psychiatric injuries or new factual allegations not previously pleaded are refused.