Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Ors

Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Ors

Permission to re-amend the pleadings is granted for all proposed amendments except the addition of a new factual allegation regarding a November 2010 factory visit. The permitted amendments do not materially expand the factual or legal scope of the case, do not introduce new causes of action, and do not cause injustice or prejudice to the Defendants. The balance of justice favours allowing the amendments to ensure the real dispute is adjudicated upon based on all relevant pleaded facts.

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
Permission to amend granted in part
Legal Topics
Amendment of Pleadings, Breach of Contract, Deceit, Intimidation, Conspiracy, Rectification, Release and Waiver
Contract Law Tort Law Civil Procedure Amendment of Pleadings Breach of Contract Deceit Intimidation Conspiracy +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 re-amend the pleadings is granted for all proposed amendments except the addition of a new factual allegation regarding a November 2010 factory visit. The permitted amendments do not materially expand the factual or legal scope of the case, do not introduce new causes of action, and do not cause injustice or prejudice to the Defendants. The balance of justice favours allowing the amendments to ensure the real dispute is adjudicated upon based on all relevant pleaded facts.

Court Disposition

Permission to amend granted in part

Orders

  • Claimants permitted to re-amend pleadings as proposed except for the addition of the November 2010 factory visit allegation
  • Defendants granted permission to serve responsive amendments if necessary