Kimathi & Ors v The Foreign And Commonwealth Office

Kimathi & Ors v The Foreign And Commonwealth Office

Permission to amend pleadings to reintroduce false imprisonment claims is refused due to lateness, lack of explanation, prejudice to Defendant, disruption to trial, and failure to show claim arises out of same facts as existing claims. Permission to amend dilution technique and injuries is granted as amendments clarify claims, do not require recalling witnesses, and are consistent with evidence. Amendments relying on customary international law are refused for lack of particularisation.

Parties
Claimants: Kimathi & others; Defendant: The Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
27 April 2017
Procedural Posture
Group Litigation Order / Ruling on Application to Amend Pleadings During Trial
Outcome
Application to amend pleadings granted in part and refused in part.
Legal Topics
Amendment of Pleadings, False Imprisonment, Joint Liability, Limitation, Personal Injury
Civil Procedure Tort Law Amendment of Pleadings False Imprisonment Joint Liability Limitation Personal Injury

Case Brief

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Parties

Kimathi & others

Claimants

The Foreign and Commonwealth Office

Defendant

Procedural Posture

Group Litigation Order / Ruling on Application to Amend Pleadings During Trial

Legal Issues

  1. 1 Whether permission should be granted to amend pleadings to reintroduce false imprisonment claims
  2. 2 Whether permission should be granted to amend pleadings regarding the 'dilution technique' and injuries
  3. 3 Whether amendments relying on customary international law should be allowed

Ratio Decidendi

Permission to amend pleadings to reintroduce false imprisonment claims is refused due to lateness, lack of explanation, prejudice to Defendant, disruption to trial, and failure to show claim arises out of same facts as existing claims. Permission to amend dilution technique and injuries is granted as amendments clarify claims, do not require recalling witnesses, and are consistent with evidence. Amendments relying on customary international law are refused for lack of particularisation.

Court Disposition

Application to amend pleadings granted in part and refused in part.

Orders

  • Permission to amend dilution technique and injuries granted.
  • Permission to amend false imprisonment claims refused.