Dalfsen -v- Caversham [2010] JRC 113 (15 June 2010)

Dalfsen -v- Caversham [2010] JRC 113 (15 June 2010)

Leave to amend is granted because the convenience and justice of determining all issues together outweighs the potential prejudice to the defendant, especially as the limitation defence can be properly raised and determined at trial. The court's discretion is exercised in favour of amendment, subject to procedural safeguards and costs orders.

Citation
[2010] JRC 113
Parties
Appellant: Plaintiff; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
15 June 2010
Procedural Posture
Civil Appeal / Appeal Against Master's Procedural Order
Outcome
appeal allowed
Legal Topics
Amendment of Pleadings, Limitation of Actions, Case Management
Civil Procedure Amendment of Pleadings Limitation of Actions Case Management

Case Brief

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Parties

Plaintiff

Appellant

Defendant

Respondent

Procedural Posture

Civil Appeal / Appeal Against Master's Procedural Order

Legal Issues

  1. 1 Whether leave should be granted to amend the Order of Justice to include new paragraphs 43A to 43H
  2. 2 Whether limitation is a bar to the proposed amendment
  3. 3 What principles govern the exercise of discretion to allow amendments

Ratio Decidendi

Leave to amend is granted because the convenience and justice of determining all issues together outweighs the potential prejudice to the defendant, especially as the limitation defence can be properly raised and determined at trial. The court's discretion is exercised in favour of amendment, subject to procedural safeguards and costs orders.

Court Disposition

appeal allowed

Orders

  • Leave to amend the Order of Justice to include paragraphs 43A to 43H is granted.
  • The amended Order of Justice must be served within 48 hours.