Various Claimants v MGN Ltd
Permission to amend pleadings to add out-of-period PI invoices and requests is granted, subject to claimants providing clear, specific justification for each item. Costs of such amendments are reserved, with a presumption against claimants recovering costs unless specifically allowed. Costs of adding new associates are also reserved. Costs of pleading additional PI records, palm pilot entries, and contact lists are to be costs in the case. Costs of adding new articles follow the normal rule: claimants to pay defendant's costs of and occasioned by the amendment. Retrospective certification regarding public domain is not required. Only articles plainly unsustainable or trivial are...
- Parties
- Claimant: Various Claimants; Defendant: MGN Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 30 March 2021
- Procedural Posture
- Civil / Case Management Conference Ruling on Amendments to Pleadings
- Outcome
- Amendments allowed with conditions; costs orders as specified; some articles disallowed as plainly unsustainable; no retrospective certification required.
- Legal Topics
- Amendment of Pleadings, Disclosure, Costs, Unlawful Information Gathering, Case Management
Case Brief
Summary, issues, holding and outcome
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Parties
Various Claimants
Claimant
MGN Limited
Defendant
Procedural Posture
Civil / Case Management Conference Ruling on Amendments to Pleadings
Legal Issues
- 1 Whether claimants may amend pleadings to add new material based on further disclosure
- 2 Whether out-of-period invoices and PI requests may be pleaded
- 3 Whether retrospective certification regarding public domain is required
Ratio Decidendi
Permission to amend pleadings to add out-of-period PI invoices and requests is granted, subject to claimants providing clear, specific justification for each item. Costs of such amendments are reserved, with a presumption against claimants recovering costs unless specifically allowed. Costs of adding new associates are also reserved. Costs of pleading additional PI records, palm pilot entries, and contact lists are to be costs in the case. Costs of adding new articles follow the normal rule: claimants to pay defendant's costs of and occasioned by the amendment. Retrospective certification regarding public domain is not required. Only articles plainly unsustainable or trivial are...
Court Disposition
Amendments allowed with conditions; costs orders as specified; some articles disallowed as plainly unsustainable; no retrospective certification required.
Orders
- Permission to amend pleadings to add out-of-period PI invoices/requests, subject to specific justification for each item.
- Claimants not to recover costs of such amendments unless specifically allowed by trial judge; defendant's costs reserved.
Full Case Text
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