News
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Court confirms basis upon which a party may amend their pleadings
On the 7th September 2006 the Isle of Man’s Second Deemster, Deemster Doyle delivered a Judgment in the matter of the Petition of Kelliher and Horrobin, in respect of an application by the Petitioners for leave to amend their Petition.
The issues in the proceedings relate to allegations, inter alia, of a breach of trust with a related application that the Trustees of certain settlements be removed.
The application to amend was by way of a Motion dated the 14th July 2006, to a Petition dated the 17th October 2005 in anticipation of a contested hearing commencing on the 29th November 2006.
The Court reviewed the Manx provisions of Order 22 Rule 1 of the Rules of the High Court of Justice of the Isle of Man and the analogous provisions contained within the former Rules of the Supreme Court Practice in England and the commentary contained within the Supreme Court Practice [1999 Edition] and related Manx and English case law.
The Court reviewed, in particular, the timing of the proposed amendment and the requirement that, in granting the application to amend, ultimately the Court existed to determine proceedings on its merits but would look to allow amendments where no undue prejudice arose to those who opposed such amendments where any such prejudice could be dealt with in terms of a costs order or otherwise.
Specifically the Court noted that [Paragraph 62 of the Judgment quoting, in part, the provisions of Order 22 Rule 1] “The Rules of Court require all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties”.
Chris Arrowsmith
