Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Ors [2021] EWHC 236 (Comm) (09 February 2021)

Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Ors [2021] EWHC 236 (Comm) (09 February 2021)

Permission to amend is granted for all proposed amendments except the plea concerning the November 2010 factory visit. The permitted amendments do not materially expand the factual or legal scope, relate to facts already pleaded, and do not cause injustice to the Defendants. The balance of justice favours allowing the amendments to ensure the real issues are determined.

Citation
[2021] EWHC 236 (Comm)
Parties
Claimant: Global Display Solutions Limited; Claimant: GDS Technology Limited; Claimant: Global Display Solutions SPA; Claimant: Global Display Solutions (Suzhou) Co Limited; Defendant: NCR Financial Solutions Group Limited; Defendant: NCR Global Solutions Limited; Defendant: NCR Corporation
Jurisdiction
England and Wales
Judgment Date
09 February 2021
Procedural Posture
Commercial Court Claim / Application for Permission to Re Amend Pleadings During Trial
Outcome
Application granted in part
Legal Topics
Amendment of Pleadings, Breach of Contract, Deceit, Conspiracy, Intimidation, Rectification, Release and Waiver
Commercial Law Contract Law Tort Law Amendment of Pleadings Breach of Contract Deceit Conspiracy Intimidation +2 more

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Parties

Global Display Solutions Limited

Claimant

GDS Technology Limited

Claimant

Global Display Solutions SPA

Claimant

Global Display Solutions (Suzhou) Co Limited

Claimant

NCR Financial Solutions Group Limited

Defendant

NCR Global Solutions Limited

Defendant

NCR Corporation

Defendant

Procedural Posture

Commercial Court Claim / Application for Permission to Re Amend Pleadings During Trial

Legal Issues

  1. 1 Whether permission should be granted to the Claimants to re-amend their pleadings during trial
  2. 2 Whether the proposed amendments materially expand the factual or legal scope of the case
  3. 3 Whether the amendments cause injustice or prejudice to the Defendants

Ratio Decidendi

Permission to amend is granted for all proposed amendments except the plea concerning the November 2010 factory visit. The permitted amendments do not materially expand the factual or legal scope, relate to facts already pleaded, and do not cause injustice to the Defendants. The balance of justice favours allowing the amendments to ensure the real issues are determined.

Court Disposition

Application granted in part

Orders

  • Permission to amend pleadings granted except for the November 2010 factory visit plea
  • Defendants may serve responsive amendments and ask further questions of witnesses if necessary