Security Express Ltd. v Everett [1989] JLR_Note 4a (18 December 1989)

Security Express Ltd. v Everett [1989] JLR_Note 4a (18 December 1989)

The court held that amendment of pleadings should not be prevented if it is necessary to disclose the real issue in dispute.

Parties
Applicant: Security Express Ltd.; Respondent: Everett
Jurisdiction
Jersey
Judgment Date
18 December 1989
Procedural Posture
Civil / Interlocutory
Outcome
amendment allowed
Legal Topics
Pleadings, Amendment of Pleadings, Disclosure of Real Issue
Civil Procedure Pleadings Amendment of Pleadings Disclosure of Real Issue

Case Brief

Summary, issues, holding and outcome

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Parties

Security Express Ltd.

Applicant

Everett

Respondent

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether amendment of pleadings should be allowed to ensure disclosure of the real issue

Ratio Decidendi

The court held that amendment of pleadings should not be prevented if it is necessary to disclose the real issue in dispute.

Court Disposition

amendment allowed

Orders

  • Applicant permitted to amend pleadings to disclose the real issue