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Amending personal injuries summons would not cause irredeemable prejudice to defendant
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High Court grants application brought by plaintiff in personal injury proceedings to amend the personal injury summons, on the grounds that the amendment is in the interest of justice as it will ensure that the real issues in controversy between the parties will be before the court, and the defendant has not suffered irredeemable prejudice.
Personal Injuries – caused and/or permitted to trip and fall over a protruding kerb in a vehicle forecourt - application to amend personal injuries summons - interests of justice are best served if the real issues in controversy between the parties are before the court – prejudice – amendment granted - defendant’s motion to dismiss proceedings as being frivolous and vexatious was based on the proceedings before amendment was granted – no basis for the relief.
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