Design Progression Ltd v Thurloe Properties Ltd
| Jurisdiction | England & Wales |
| Judge | MR JUSTICE PETER SMITH |
| Judgment Date | 04 February 2004 |
| Neutral Citation | [2004] EWHC 383 (Ch) |
| Court | Chancery Division |
| Docket Number | Case No:HC02003752 |
| Date | 04 February 2004 |
[2004] EWHC 383 (Ch)
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
Royal Courts of Justice
The Strand
London WC2A 2LL
Mr Justice Peter Smith
Case No:HC02003752
MR J BROCK QC (Instructed by Messrs Webster Dixon) appeared on behalf of the CLAIMANT
MR P DODGE (Instructed by Messrs Stevensons) appeared on behalf of the DEFENDANT
Wednesday 4th February 2004
I have before me on the final day of the trial an application by the claimant to amend the particulars of claim. The amendment to the body of the particulars of claim is a proposed paragraph 35 which says this simply:
"The said breaches of statutory duty were committed deliberately or as part of a deliberate plan by which the claimant intended to profit [I think it means defendant] from its own wrong in seeking to obtain vacant possession of the premises in order to let the premises at an enhanced rent, thereby increasing the value of its investments. The claimant will seek aggravated or exemplary damages accordingly."
This application is made at the end of the evidence but before closing speeches. The application is therefore made late.
The principles on whether or not to amend are summarised in the White Book at paragraph 17.3.5 through to paragraph 17.3.7 at page 368. The guiding principle is that the courts generally should allow amendments at whatever stage of an action so that there can be a true, just ventilation of all the disputes between the parties. In the case of an amendment that is made late the court should approach it cautiously and where there are any doubts as to whether or not there is any prejudice that might be suffered by the late amendment, it should exercise its discretion against the amendment.
At this stage I only have to be satisfied, as set out in 17.3.6, that there is a real prospect of success. My view on the evidence at this stage, and I stress that this is not my final view and any final view will be made after closing submissions, is that at the moment there is evidence to justify an allegation that the defendants were motivated by a desire to obtain for themselves a profit in the way in which they approached the claimant's application...
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