The legal test for permission to amend
23.Amendments to Statements of Case for which permission is necessary are dealt with under CPR 17.3. The Court’s exercise of its discretionary power to permit amendment “should have regard to all the matters mentioned in CPR.1.1(2) so as to deal with the case “justly and at proportionate cost” in accordance with the overriding objective” (White Book 17.3.5).24.In seeking to draw the appropriate balance between the interests of the various parties to the case and of third parties, including litigants in general, one consideration is whether the amendment has real prospects of success. Other relevant considerations include, for example, the adequacy of the draft pleading before the Court and whether the application to amend is close to the trial date. A number of the potentially relevant considerations are set out in paragraph 38 of
- Introduction
- Procedural history
- The applications
- The SJ Application
- Jameel v Dow Jones and Co
- The Amendment Application
- Conduct of the hearing
- Relevant factual background
- Term
- RELEASE COMMITMENT
- The legal test for permission to amend
- Quah Su-Ling v Goldman Sachs International
- The proposed amendments for which permission is sought
- Express or implied duty to exploit/duty of good faith
- Proposed reliance on clauses 4.3 and 4.4 of 2001 Agreement
- Submissions / assessment
- Express or implied duty to exploit/duty of good faith – inconsistency of pleadings – submissions
- Express or implied duty to exploit/duty of good faith – inconsistency of pleadings – assessment
- Express or implied duty to exploit/duty of good faith – substance – submissions
- Panayiotou
- Nichols
- Schroeder
- John v James
- Yam Seng Pte Ltd v International Trade Corp Ltd
- Express or implied duty to exploit/duty of good faith – assessment
- Express or implied duty to exploit/duty of good faith – consequences of breach – submissions
- Copinger and Skone-James on Copyright
- Crosstown Music Co LLC v Rive Droite Music Ltd & ors
- Crosstown
- Express or implied duty to exploit/duty of good faith – consequences of breach – assessment
- Sullivan
