Britannia Building Society v Milborn [2003] JRC 078 (13 May 2003)

Britannia Building Society v Milborn [2003] JRC 078 (13 May 2003)

The application to amend was refused because the amendment was not necessary in the interests of justice, given the undertaking by Britannia not to challenge Mr Milborn's title to the counterclaim and the current state of the pleadings. The amendment would unnecessarily complicate already protracted proceedings.

Citation
[2003] JRC 078
Parties
Plaintiff: Britannia; Defendant: Mr Milborn; Proposed Co Plaintiff: Auray Limited
Jurisdiction
Jersey
Judgment Date
13 May 2003
Procedural Posture
Civil / Application to Amend Counterclaim
Outcome
application dismissed
Legal Topics
Amendment of Pleadings, Assignment of Claims, Set Off, Misrepresentation, Joinder of Parties
Civil Procedure Bankruptcy Contract Amendment of Pleadings Assignment of Claims Set Off Misrepresentation Joinder of Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Britannia

Plaintiff

Mr Milborn

Defendant

Auray Limited

Proposed Co Plaintiff

Procedural Posture

Civil / Application to Amend Counterclaim

Legal Issues

  1. 1 Whether leave should be granted to amend the counterclaim to join Auray Limited as co-plaintiff
  2. 2 Whether the assignment of the counterclaim from Mr Milborn to Mr King and then to Auray Limited is valid and relevant to these proceedings
  3. 3 Whether the interests of justice require the amendment

Ratio Decidendi

The application to amend was refused because the amendment was not necessary in the interests of justice, given the undertaking by Britannia not to challenge Mr Milborn's title to the counterclaim and the current state of the pleadings. The amendment would unnecessarily complicate already protracted proceedings.

Court Disposition

application dismissed

Orders

  • Application for leave to amend counterclaim by joining Auray Limited as co-plaintiff is dismissed.
  • Costs in the cause.