The test for granting permission to amend and summary judgment
The test for granting permission to amend and summary judgment
I was referred to the familiar authorities of Easyair Ltd (t/a Openair) v Opal Telecom Ltd [2009] EWHC 339 (Ch) and AC Ward & Sons Ltd v Catlin (Five) Ltd [2009] EWCA Civ 1098, [24] on the principles to be applied on applications for summary judgment and Swain v Hillman [2001] 1 All ER 91 on applications for permission to amend. It is not necessary to set those principles out but I have kept them in mind.
- Heading
- Section 1
- The background
- The proceedings
- The test for granting permission to amend and summary judgment
- The conspiracy and dishonest assistance claims
- Limitation
- Entitlement to sue
- The other issues raised
- The claim for procuring breach of contract
- Limitation
- Entitlement to sue
- Is it arguable that there has been a breach of contract?
- The remaining issues raised
- The jurisdiction application
- Conclusions
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