Groarke v Fontaine [2014] EWHC 1676 (QB), [2014] All ER (D) 186 (May)
Queen’s Bench Division, Sir David Eady sitting as a High Court Judge, 22 May 2014
The Queen’s Bench Division in granting permission to amend a claim reviewed the principles applicable, and held that justice and fairness required that the amendment should be allowed so that ‘the real dispute’ between the parties could be adjudicated upon.
Stephen Seed (instructed by Camps Solicitors) for the claimant. Helen Hobhouse (instructed by Plexus Law) for the defendant.
The defendant in a personal injury claim was refused permission by a district judge to amend his defence late in the proceedings in order to plead a case in contributory negligence. The consequence of the decision was that the defendant lost the opportunity of reducing the scale of his liability by an appropriate percentage and was thus found to be liable on a 100% basis. Quantum had yet to be assessed because a split trial had been ordered. In coming to his decision, the judge balanced the potential prejudice to the claimant
