BRITISH VIRGIN ISLANDS
COURT OF APPEAL (COMMERCIAL DIVISION)
CIVIL APPEAL – INTERLOCUTORY APPEAL – AMENDMENT OF PLEADINGS AMENDMENT OF STATEMENT OF CASE AFTER DATE FIXED FOR FIRST CASE MANAGEMENT CONFERENCE – ADJOURNMENT OF FIRST CASE MANAGEMENT CONFERENCE – NO DIRECTIONS GIVEN – WHETHER LEAVE REQUIRED TO AMEND PLEADINGS AFTER FIRST DATE FIXED FOR CASE MANAGEMENT CONFERENCE HAD ARRIVED (ALBEIT ADJOURNED) – WHETHER LEARNED JUDGE ERRED IN RULING THAT APPELLANT REQUIRED LEAVE TO AMEND ITS REPLY AND DEFENCE – WHETHER LEARNED JUDGE ERRED IN REFUSING AMENDMENT ON BASIS OF NOT BROADENING CLAIM – SUMMARY JUDGMENT – PART 15 OF CIVIL PROCEDURE RULES, 2000 – WHETHER LEARNED JUDGE ERRED IN FINDING THAT APPELLANT HAD NO REAL PROSPECT OF SUCCESSFULLY DEFENDING COUNTERCLAIM
This was an appeal by Commodo Holdings Limited (the “Appellant”) against a refusal by the Learned Judge below to permit the Amendment of the Claim on the basis that to do so would clutter the Claim and his decision to permit Summary Judgment on a Claim for rectification by the Second Defendant.
In so far as it concerned permission to amend the Claim, the Court of Appeal confirmed that a party would be permitted to amend the Claim once before the date for a case management conference (“CMC”). It agreed with the Court below that permission was needed once the date for a CMC had arisen and it was of no relevance that the CMC had been adjourned and no directions given.