Friday 29 April 2022
The Claimants appeal against the order made by Tipples J on 2/9/21 dismissing their application that the amendment application be heard without notice; discharging order of Pepperall J dated 30/7/21;
ordering Cs to pay Mr Donoghue’s costs of the C’s application.
The Cs submit that the judge erred in refusing Cs’ request for permission to amend claim form and to order that any such application should be made in writing and on proper notice. As claim form had not yet been served, the Cs were entitled to amend it under CPR 17.(1).
Judge was wrong to conclude that because claim form had not yet been served on Ds the court did not have jurisdiction to continue the interim injunction made by Pepperall J on 30/7/21.
Judge erred in concluding that there was no justification for Cs not having served claim form by the date of the hearing.