Salt Ship Design AS v Prysmian Powerlink SRL

Salt Ship Design AS v Prysmian Powerlink SRL

Permission to amend the Particulars of Claim is granted because, although the amendments are very late and will require the trial date to be vacated, the new claims are sufficiently pleaded, have reasonable prospects of success, and justice requires that Salt be allowed to pursue them. The prejudice to Prysmian and disruption to the court is limited given the stage of proceedings, and the overlap with existing issues means additional burdens are not disproportionate.

Parties
Claimant: Salt Ship Design AS; Defendant: Prysmian Powerlink SRL
Jurisdiction
England and Wales
Judgment Date
02 September 2019
Procedural Posture
Commercial Contract Dispute / Application for Permission to Amend Particulars of Claim
Outcome
Permission to amend granted; trial date vacated and to be re-fixed
Legal Topics
Amendment of Pleadings, Breach of Confidence, Unlawful Means Conspiracy, Exemplary Damages, Disclosure, Case Management
Contract Law Intellectual Property Law Civil Procedure Amendment of Pleadings Breach of Confidence Unlawful Means Conspiracy Exemplary Damages Disclosure +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Salt Ship Design AS

Claimant

Prysmian Powerlink SRL

Defendant

Procedural Posture

Commercial Contract Dispute / Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether permission should be granted to amend the Particulars of Claim to add claims for breach of confidence, unlawful means conspiracy, and exemplary damages
  2. 2 Whether the proposed amendments are very late and if so, whether the burden to justify them is met
  3. 3 Whether the draft Amended Particulars of Claim are sufficiently pleaded and have reasonable prospects of success

Ratio Decidendi

Permission to amend the Particulars of Claim is granted because, although the amendments are very late and will require the trial date to be vacated, the new claims are sufficiently pleaded, have reasonable prospects of success, and justice requires that Salt be allowed to pursue them. The prejudice to Prysmian and disruption to the court is limited given the stage of proceedings, and the overlap with existing issues means additional burdens are not disproportionate.

Court Disposition

Permission to amend granted; trial date vacated and to be re-fixed

Orders

  • Permission granted to Salt Ship Design AS to amend its Particulars of Claim as per the draft exhibited to Ms Chyb’s first witness statement
  • Trial fixed for 14 January 2020 vacated; to be re-fixed for a date not before 4 May 2020 with a longer estimate of 6-8 days