SM v BA & Anor (No 3: Amendments to Statements of Case)

SM v BA & Anor (No 3: Amendments to Statements of Case)

The application to amend was dismissed because it was a 'very late' amendment with no good explanation, would cause substantial prejudice to the respondents, jeopardise the trial date, lacked clarity and particularity, and any prejudice to the applicant was self-inflicted. The overriding objective and proportionality considerations weighed heavily against granting permission.

Parties
Applicant: SM; First Respondent: BA; Second Respondent: WD
Jurisdiction
England and Wales
Judgment Date
15 January 2026
Procedural Posture
Family Property Dispute / Ruling on Application to Amend Points of Claim Prior to Preliminary Issue Hearing
Outcome
Application to amend Points of Claim and adduce further witness statements dismissed.
Legal Topics
Amendment of Pleadings, Beneficial Ownership, Undue Influence, Constructive Trusts, Proprietary Estoppel, Overriding Objective, Late Amendments
Family Law Trusts and Equity Civil Procedure Amendment of Pleadings Beneficial Ownership Undue Influence Constructive Trusts Proprietary Estoppel +2 more

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Parties

SM

Applicant

BA

First Respondent

WD

Second Respondent

Procedural Posture

Family Property Dispute / Ruling on Application to Amend Points of Claim Prior to Preliminary Issue Hearing

Legal Issues

  1. 1 Whether permission should be granted to amend Points of Claim and adduce further witness statements before the preliminary issue hearing on beneficial ownership of property DC

Ratio Decidendi

The application to amend was dismissed because it was a 'very late' amendment with no good explanation, would cause substantial prejudice to the respondents, jeopardise the trial date, lacked clarity and particularity, and any prejudice to the applicant was self-inflicted. The overriding objective and proportionality considerations weighed heavily against granting permission.

Court Disposition

Application to amend Points of Claim and adduce further witness statements dismissed.

Orders

  • Preliminary issue hearing to proceed on basis of current pleadings.
  • Applicant not permitted to rely on two further substantive witness statements.