Cummins -v- Howlands (Furniture) Limited [2014] JRC 113 (14 May 2014)

Cummins -v- Howlands (Furniture) Limited [2014] JRC 113 (14 May 2014)

The defendant failed to discharge the heavy burden required for a late amendment to plead contributory negligence. The proposed amendments were not strong, would cause delay and prejudice to the plaintiff, and the defendant had other remedies available. The application to amend the answer to plead contributory negligence is refused.

Citation
[2014] JRC 113
Parties
Plaintiff: Plaintiff (unnamed); Defendant: Defendant (Howlands); Proposed Third Party: Plaintiff's former employer (PBS)
Jurisdiction
Jersey
Judgment Date
14 May 2014
Procedural Posture
Personal Injury / Application to Amend Answer to Plead Contributory Negligence
Outcome
application to amend answer to plead contributory negligence refused
Legal Topics
Contributory Negligence, Amendment of Pleadings, Third Party Proceedings, Personal Injury, Admission of Liability
Tort Civil Procedure Contributory Negligence Amendment of Pleadings Third Party Proceedings Personal Injury Admission of Liability

Case Brief

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Parties

Plaintiff (unnamed)

Plaintiff

Defendant (Howlands)

Defendant

Plaintiff's former employer (PBS)

Proposed Third Party

Procedural Posture

Personal Injury / Application to Amend Answer to Plead Contributory Negligence

Legal Issues

  1. 1 Whether the defendant should be granted leave to amend its answer to plead contributory negligence against the plaintiff at a late stage
  2. 2 Whether the defendant can add the plaintiff's former employer as a third party for contribution

Ratio Decidendi

The defendant failed to discharge the heavy burden required for a late amendment to plead contributory negligence. The proposed amendments were not strong, would cause delay and prejudice to the plaintiff, and the defendant had other remedies available. The application to amend the answer to plead contributory negligence is refused.

Court Disposition

application to amend answer to plead contributory negligence refused

Orders

  • Application to amend answer to plead contributory negligence against the plaintiff is refused.
  • Defendant may pursue a third party claim, subject to directions ensuring no delay to the plaintiff's claim.