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Practice – Pre-trial or post-judgment relief. The defendant in a personal injury claim was refused permission by the district judge to amend his defence late in the proceedings in order to plead formally a case in contributory negligence. The defendant sought permission to appeal and an appeal if granted. The Queen's Bench Division in granting permission and allowing the appeal held that Justice and fairness required that the amendment should have been allowed so that 'the real dispute' between the parties could be adjudicated upon.
Practice – Pre-trial or post-judgment relief. The defendant in a personal injury claim was refused permission by the district judge to amend his defence late in the proceedings in order to plead formally a case in contributory negligence. The defendant sought permission to appeal and an appeal if granted. The Queen's Bench Division in granting permission and allowing the appeal held that Justice and fairness required that the amendment should have been allowed so that 'the real dispute' between the parties could be adjudicated upon.
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