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England and Wales decisions
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The amendment is allowed because it does not introduce a new cause of action, is within the scope of the original pleading, and is necessary for fairness so defendants know the case they have to meet. The amendment does not cause significant prejudice or require adjournment.
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The skeleton argument submitted by the first defendant is not admitted as it is excessively long and inconsistent with procedural guidance; amendments should not cause irretrievable prejudice, particularly regarding limitation, and objections of principle must be prioritized.
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Permission to make a late appeal is granted because the 27-day delay is not serious or significant, there is no specific prejudice to HMRC, and the appellant would suffer considerable prejudice if denied the right of appeal, despite the lack of meritorious reasons for the delay.
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Moore, R. v [2023] EWCA Crim 1184 (15 September 2023)
The Court of Appeal refused Moore’s application for permission to appeal, holding that admission of a co-defendant’s conviction under PACE ss 74 and 78 was not unfairly prejudicial.
The Upper Tribunal allowed Lambeth’s appeal and granted unconditional section 20ZA dispensation, holding that a later section 20ZA application was not barred and relevant prejudice had not been shown.
The First-tier Tribunal refused permission for a late tax appeal by Elizabeth Green, finding a serious delay, no good reason, and no basis to disapply statutory time limits.
Shah v London Borough of Barnet [2021] EWHC 2631 (QB) (14 December 2021)
The High Court refused the defendant's bid to withdraw a pre-action admission in a pavement injury claim and entered judgment for the claimant on liability.
Dana UK Axle Ltd v Freudenberg FST GmbH [2021] EWHC 1027 (TCC) (23 April 2021)
The High Court refused a late application to re-amend a defence to advance a new incorporation-of-terms case and also refused permission to rely on a late witness statement.
The High Court refused a late application to re-amend a defence in a contract dispute, finding the new alternative case had no real prospect of success.
Usman, R. v [2021] EWCA Crim 360 (05 March 2021)
The Court of Appeal held that a juror’s prejudicial outburst did not require the whole jury to be discharged; removing the offending juror was enough.
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