Chelsea Williams v Daniel Wilkinson

Chelsea Williams v Daniel Wilkinson

Permission to amend the Particulars of Claim is refused because the application is very late, would result in loss of the trial date, and the claimant has not provided a good reason for the delay. The proposed amendment does not address obvious issues, its prospects of success are uncertain, and the balance of injustice does not favour granting permission.

Parties
Claimant: Ms Chelsea Williams; Defendant: Mr Daniel Wilkinson
Jurisdiction
England and Wales
Judgment Date
08 May 2026
Procedural Posture
Civil Clinical Negligence / Interlocutory Application for Permission to Amend Pleadings
Outcome
Application for permission to amend refused
Legal Topics
Amendment of Pleadings, Causation, Trial Management, Expert Evidence
Medical Negligence Civil Procedure Amendment of Pleadings Causation Trial Management Expert Evidence

Case Brief

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Parties

Ms Chelsea Williams

Claimant

Mr Daniel Wilkinson

Defendant

Procedural Posture

Civil Clinical Negligence / Interlocutory Application for Permission to Amend Pleadings

Legal Issues

  1. 1 Whether the claimant should be granted permission to amend the Particulars of Claim to alter the pleaded case on causation and timing of surgery
  2. 2 Whether the application to amend is 'very late' and if so, whether the claimant has discharged the heavy burden to justify the amendment
  3. 3 Whether the proposed amendment has a real prospect of success or is bound to fail

Ratio Decidendi

Permission to amend the Particulars of Claim is refused because the application is very late, would result in loss of the trial date, and the claimant has not provided a good reason for the delay. The proposed amendment does not address obvious issues, its prospects of success are uncertain, and the balance of injustice does not favour granting permission.

Court Disposition

Application for permission to amend refused

Orders

  • Permission to amend the Particulars of Claim is refused
  • Trial date remains as listed