Henderson & Jones Limited v Tysers Insurance Brokers Limited

Henderson & Jones Limited v Tysers Insurance Brokers Limited

The claimant's application to amend is granted because the amendments clarify and particularise the case, do not prejudice the defendant, and allow fair determination of the issues. The assignment is valid as the claimant has a genuine commercial interest outside the assignment itself, and the right to sue for damages is assignable even in contracts for personal services. The applications for strike out and summary judgment are refused as the claim is neither incoherent nor bound to fail, and the schedule of loss is now properly verified.

Parties
Claimant: Henderson & Jones Limited; Defendant: Tysers Insurance Brokers Limited
Jurisdiction
England and Wales
Judgment Date
29 January 2026
Procedural Posture
Commercial Claim / Ruling on Applications to Strike Out, Summary Judgment, and Permission to Amend Pleadings
Outcome
Claimant's application for permission to amend granted; Defendant's applications for strike out and summary judgment refused.
Legal Topics
Assignment of Claims, Champerty, Strike Out Applications, Summary Judgment, Amendment of Pleadings, Personal Services Contracts, Estoppel
Contract Law Insurance Law Civil Procedure Assignment of Claims Champerty Strike Out Applications Summary Judgment Amendment of Pleadings +2 more

Case Brief

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Parties

Henderson & Jones Limited

Claimant

Tysers Insurance Brokers Limited

Defendant

Procedural Posture

Commercial Claim / Ruling on Applications to Strike Out, Summary Judgment, and Permission to Amend Pleadings

Legal Issues

  1. 1 Whether the claim should be struck out for incoherence or inconsistency
  2. 2 Whether summary judgment should be granted against the claimant
  3. 3 Whether the schedule of loss should be struck out for non-compliance with statement of truth requirements

Ratio Decidendi

The claimant's application to amend is granted because the amendments clarify and particularise the case, do not prejudice the defendant, and allow fair determination of the issues. The assignment is valid as the claimant has a genuine commercial interest outside the assignment itself, and the right to sue for damages is assignable even in contracts for personal services. The applications for strike out and summary judgment are refused as the claim is neither incoherent nor bound to fail, and the schedule of loss is now properly verified.

Court Disposition

Claimant's application for permission to amend granted; Defendant's applications for strike out and summary judgment refused.

Orders

  • Permission to amend Particulars of Claim granted.
  • Application to strike out refused.