Pacific Rim Wood Ltd v PKF Ltd


Reference:
[2015] EWHC 3735 (Ch)

Date:
13th November 2015

Court:
Chancery Division

Facts:

The claim is for breach of trademark relating to the sale of fire doors. The Defendant applied for permission to amend its defence and counterclaim and for 3rd party disclosure. The applications were both dismissed at first instance, and the Defendant obtained permission to appeal.

 


Judge:
Henry Carr J

Comment:

Caley acted for the Defendant at first instance and on appeal. The appellate court considered in particular the argument that, if a proposed amendment disclosed a sufficiently strong case, that satisfied the requirement for exceptional circumstances under CPR 63.23 for any party seeking to introduce new material not contained within the list of issues.


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