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United Kingdom amendment of pleadingsrelief from sanctions

CNM Estates v Carvill -Biggs

[2023] EWCA Civ 480; [2023] 1 WLR 4335
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2023
StatusBinding authority

Key Principle

Where a draft pleading is served within the deadline set by an unless order, there is compliance and no relief from sanctions is required, and on an application to amend (other than a very late one) the test is the real-prospect-of-success threshold, with the perceived strength or weakness of the amended case not normally being a relevant discretionary factor once a real prospect is shown.

Area of Law

General

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