Kawasaki Kisen Kaisha Ltd v James Kemball Ltd

JurisdictionEngland & Wales
Neutral Citation[2021] EWCA Civ 33
Year2021
CourtCourt of Appeal (Civil Division)
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44 cases
  • Carey Street Investments Ltd ((in Liquidation)) v Grant Brown
    • United Kingdom
    • Chancery Division
    • 6 January 2023
    ...authorities with which the parties will be familiar. 37 I was also referred to the Kawaskai Kisen Kaisha Ltd v James Kemball Limited [2021] EWCA Civ 33 decision in particular because the defendants emphasised that on any amendment application the amending party has to persuade the court th......
  • Getty Images (US) Inc. v Stability AI Ltd
    • United Kingdom
    • Chancery Division
    • 1 December 2023
    ...( Easyair at 15(ii) above). 36 The Defendant also drew my attention to: a. the decision of the Court of Appeal in Kawasaki Kisen Kaisha Ltd v James Kemball Ltd [2021] EWCA Civ 33, per Popplewell LJ at [18], a case concerned with the merits test to be applied on an application to serve a cl......
  • MW High Tech Projects UK Ltd v Mr Peter Greenhalgh
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 27 July 2022
    ...was) at [19]; Quah Su-Ling v Goldman Sachs International [2015] EWHC 759 per Carr J (as she then was) at [36]–[38]; and Kawasaki Kisen Kaisha Ltd v James Kemball Ltd [2021] EWCA Civ 33 per Popplewell LJ at 32 The relevant considerations for the court in this case can be summarised as follo......
  • John Alexander Melvin Hemming v Sonia Vanessa Poulton
    • United Kingdom
    • King's Bench Division
    • 24 November 2023
    ...be coherent, properly particularised and supported by evidence that establishes a factual basis for the allegation: see Kawasaki Kisen Kaisha Ltd v James Kemball Ltd [2021] EWCA Civ 33 at 50 Further, as the White Book explains at 17.3.6, the authorities show that proposed amendments must h......
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