Kimathi & Ors v Foreign and Commonwealth Office

Kimathi & Ors v Foreign and Commonwealth Office

Amendments to IPOCs are permitted only where they clarify or particularise injuries already pleaded and supported by medical evidence, or reduce allegations to lesser injuries. Amendments introducing new injuries, especially specific psychiatric diagnoses not previously pleaded or evidenced by claimants, are refused. The overriding objective and procedural discipline outweigh lack of prejudice to the defendant; late amendments unsupported by prior pleadings or evidence are not allowed.

Parties
Claimant: Kimathi & ors; Defendant: Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
31 October 2017
Procedural Posture
Group Litigation / Ruling on Amendments to Individual Particulars of Claim
Outcome
Application to amend IPOCs allowed in part; majority of late amendments introducing new injuries, especially psychiatric diagnoses, refused.
Legal Topics
Personal Injury, Late Amendments, Psychological Injury, Medical Evidence, Pleading Requirements
Tort Law Civil Procedure Personal Injury Late Amendments Psychological Injury Medical Evidence Pleading Requirements

Case Brief

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Parties

Kimathi & ors

Claimant

Foreign and Commonwealth Office

Defendant

Procedural Posture

Group Litigation / Ruling on Amendments to Individual Particulars of Claim

Legal Issues

  1. 1 Whether late amendments to Individual Particulars of Claim (IPOCs) alleging new injuries, especially psychological/psychiatric injuries, should be permitted
  2. 2 Whether general pleadings of psychological injury justify later specific diagnoses
  3. 3 Whether amendments supported only by medical evidence but not pleaded or evidenced by claimants should be allowed

Ratio Decidendi

Amendments to IPOCs are permitted only where they clarify or particularise injuries already pleaded and supported by medical evidence, or reduce allegations to lesser injuries. Amendments introducing new injuries, especially specific psychiatric diagnoses not previously pleaded or evidenced by claimants, are refused. The overriding objective and procedural discipline outweigh lack of prejudice to the defendant; late amendments unsupported by prior pleadings or evidence are not allowed.

Court Disposition

Application to amend IPOCs allowed in part; majority of late amendments introducing new injuries, especially psychiatric diagnoses, refused.

Orders

  • Claimants permitted to amend IPOCs only to clarify or particularise injuries already pleaded and supported by medical evidence, or reduce allegations to lesser injuries.
  • Amendments introducing new injuries, especially specific psychiatric diagnoses not previously pleaded or evidenced by claimants, are refused.