Cases

Adelson v Associated Newspapers Ltd (CA)

Held

Appeal dismissed.

The correct test on applications to amend under CPR 19.5(3) was that applied in The Sardinia Sulcis [1991] 2 Lloyds Rep 201 to applications to amend under RSC O.20 r.5. The less restrictive test adopted in Morgan Est v Hanson Concrete [2005] 1 WLR 2557, CA, was disapproved. As was the 'working test' suggested in Weston v Gribben [2006] EWCA Civ 1425. The Court observed 'we are not convinced that it is impossible to treat this as a case of substitution, merely because the proposed amendments result in three corporate claims rather than one' (at §66), but dismissed the appeal because the Cs had not adduced evidence that C2 was named in the claim form 'in mistake for any other company'.

Also