National Westminster Bank Plc v Rabobank Nederland [2006] EWHC 2108 (Comm) (07 August 2006)

National Westminster Bank Plc v Rabobank Nederland [2006] EWHC 2108 (Comm) (07 August 2006)

Permission to amend pleadings and rely on new allegations is granted only where it does not cause injustice or substantial disruption to the trial. Rabobank is permitted to rely on most of its clarified misrepresentation case, but not on the new Hedley Byrne negligent misstatement claim, as its late introduction...

Source-derived case information.

Citation
[2006] EWHC 2108 (Comm)
Parties
Claimant: National Westminster Bank PLC; Defendant: Rabobank Nederland
Jurisdiction
England and Wales
Judgment Date
07 August 2006
Procedural Posture
Commercial Court Application (paper Application) / Pre Trial Review; Application for Permission to Amend Pleadings and Rely on New Allegations
Outcome
Application granted in part and refused in part.
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Pleading Amendments, Case Management, Duty of Care, Misrepresentation Act 1967, Hedley Byrne Negligent Misstatement
Commercial Law Banking Law Civil Procedure Fraudulent Misrepresentation Negligent Misrepresentation Pleading Amendments Case Management Duty of Care +2 more

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Parties

National Westminster Bank PLC

Claimant

Rabobank Nederland

Defendant

Procedural Posture

Commercial Court Application (paper Application) / Pre Trial Review; Application for Permission to Amend Pleadings and Rely on New Allegations

Legal Issues

  1. 1 Whether Rabobank should be permitted to amend its pleadings to rely on new allegations of misrepresentation and introduce new causes of action, including negligent misstatement at common law under Hedley Byrne v. Heller.
  2. 2 Whether the introduction of new claims and allegations at a late stage would cause injustice or dislocation to the trial process.

Ratio Decidendi

Permission to amend pleadings and rely on new allegations is granted only where it does not cause injustice or substantial disruption to the trial. Rabobank is permitted to rely on most of its clarified misrepresentation case, but not on the new Hedley Byrne negligent misstatement claim, as its late introduction would prejudice trial preparation and is inconsistent with the Overriding Objective and proper case management.

Court Disposition

Application granted in part and refused in part.

Orders

  • Rabobank may rely on all allegations in MSC Section A except Misrepresentations 7, 8, and 9.
  • Rabobank may rely on Misrepresentations 7, 8, and 9 in Section A only if supplemental witness statements from relevant witnesses are served by specified dates, failing which the matter will be restored to court.