Agents Mutual Ltd v Moginnie James Ltd

Agents Mutual Ltd v Moginnie James Ltd

The court has power under CPR Rule 3.1(2)(m) to permit amendment of an application notice before it is decided, but in the circumstances of this case, where the new grounds were raised late and the original exception to the stay was granted on a restricted basis, it is not appropriate to exercise that power to allow the amendment.

Parties
Claimant: Agents Mutual Limited; Defendant: Moginnie James Ltd
Jurisdiction
England and Wales
Judgment Date
30 December 2016
Procedural Posture
Civil / Interlocutory Application (application to Amend Summary Judgment Application)
Outcome
Application to amend summary judgment application dismissed
Legal Topics
Amendment of Application Notice, Summary Judgment, Case Management, Jurisdiction of Court
Civil Procedure Amendment of Application Notice Summary Judgment Case Management Jurisdiction of Court

Case Brief

Summary, issues, holding and outcome

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Parties

Agents Mutual Limited

Claimant

Moginnie James Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application (application to Amend Summary Judgment Application)

Legal Issues

  1. 1 Whether an application notice under the CPR may be amended once issued
  2. 2 Whether the court should exercise its power to permit amendment of the summary judgment application in this case

Ratio Decidendi

The court has power under CPR Rule 3.1(2)(m) to permit amendment of an application notice before it is decided, but in the circumstances of this case, where the new grounds were raised late and the original exception to the stay was granted on a restricted basis, it is not appropriate to exercise that power to allow the amendment.

Court Disposition

Application to amend summary judgment application dismissed

Orders

  • Application to amend summary judgment application to add further grounds is dismissed