Parker & Anor v SJ Berwin & Co & Anor [2008] EWHC 3017 (QB) (17 December 2008)

Parker & Anor v SJ Berwin & Co & Anor [2008] EWHC 3017 (QB) (17 December 2008)

Permission to amend is granted only where the amendment arises from the same or substantially the same facts as existing claims and has a real prospect of success. The CCC Films presumption does not apply to professional negligence claims; claimants must prove a real and substantial chance of recouping wasted...

Source-derived case information.

Citation
[2008] EWHC 3017
Parties
Claimant: Roy William Parker; Claimant: Gilbert Kenneth Kinch; Defendant: SJ Berwin & Co; Defendant: Jonathan Alexander Metliss
Jurisdiction
England and Wales
Judgment Date
17 December 2008
Procedural Posture
Civil / Interlocutory Applications Regarding Amendments to Pleadings and Strike Out Applications
Outcome
Applications granted in part and refused in part.
Legal Topics
Amendment of Pleadings, Limitation and Assignment of Claims, Restitution, Professional Negligence, Damages for Wasted Expenditure, Defamation and Breach of Confidence, Strike Out Applications
Civil Procedure Professional Negligence Contract Law Defamation Amendment of Pleadings Limitation and Assignment of Claims Restitution Damages for Wasted Expenditure +2 more

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Parties

Roy William Parker

Claimant

Gilbert Kenneth Kinch

Claimant

SJ Berwin & Co

Defendant

Jonathan Alexander Metliss

Defendant

Procedural Posture

Civil / Interlocutory Applications Regarding Amendments to Pleadings and Strike Out Applications

Legal Issues

  1. 1 Whether permission should be granted for various amendments to the Particulars of Claim and Claim Form
  2. 2 Whether certain claims or amendments should be struck out as disclosing no reasonable cause of action or having no real prospect of success
  3. 3 Whether new causes of action arise out of the same or substantially the same facts as existing claims for limitation purposes

Ratio Decidendi

Permission to amend is granted only where the amendment arises from the same or substantially the same facts as existing claims and has a real prospect of success. The CCC Films presumption does not apply to professional negligence claims; claimants must prove a real and substantial chance of recouping wasted expenditure. Amendments introducing new causes of action outside the limitation period or lacking factual/legal basis are refused. Defamation-related amendments are allowed as they present arguable cases dependent on factual issues.

Court Disposition

Applications granted in part and refused in part.

Orders

  • Permission granted to substitute SJ Berwin & Co for SJ Berwin LLP as defendant, with costs thrown away to be paid by claimants.
  • Permission granted to amend to plead assignment by Mr Kinch and to include restitution claim.