Drafting court documents is best left to specialist solicitors – our litigation team explains a recent case.

A High Court Judge, in a recent case, had to decide whether to allow the party bringing a claim to amend and add to it only one month before the claim went to trial.

The Judge decided that the Claimants should have thought of the alternative claim sooner and it was inappropriate to allow such a late amendment where there was no good explanation for the delay.  The Judge noted that if he allowed the amendment it could delay the trial or at the very least result in significant further work for the opponent in responding to the amended claim. 

The lesson to be learned from this case (Bourke and another v Favre and Another) is to think about your case carefully from the outset, and look at it from every angle.  This usually requires specialist lawyer advice and assistance from the beginning.  This is what our specialist litigation lawyers undertake on a daily basis.  They have in depth knowledge and can avoid these and other pitfalls.

If you wish to discuss a claim, whether you are Claimant of Defendant, contact one of our litigation lawyers for a free initial discussion.