LATE AMENDMENT OF PARTICULARS OF CLAIM NOT PERMITTED: HIGH COURT DECISION TODAY

Civil Litigation Brief

In a judgment today  in Henderson -v- Dorset Healthcare University Foundation NHS Trust [2016] EWHC 3032 (QB) Mr Justice Warby refused a claimant’s application to amend the Particulars of Claim.  The judgment covers a number of points. In particular it outlines the robust attitude the courts now take to late amendment.

KEY POINTS

  • The court refused the claimant’s application to amend her claim so as to include a claim under the Human Rights Act.
  • The Human Rights Act claim was five years out of time.
  • The proposed amended case did not arise out of the same facts.
  • In any event the court would not exercise its discretion to amend where the claimant had known of the requirement to amend for some time, the application was made very late and the trial would have to be adjourned.
  • Even if the trial would not need to be adjourned the court would…

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