The Tintometer Limited & Anor v Pitmans (a firm) & Anor
[2024] EWHC 370 (Ch)
Elysa Alton v Powszechny Zaklad Ubezpieczen
22 November 2024
[2024] EWCA Civ 1435
Court of Appeal
A woman sued the wrong company after a car accident. A judge threw out her case, but a higher court said the judge should have let her fix her mistake instead. The higher court said it was unfair to dismiss the case without giving the woman a chance to correct her error, especially since the other company wasn't significantly harmed by the mistake.
Key Facts
- •Ms. Alton was involved in a road traffic accident with a Polish-registered lorry.
- •Her initial claim named the wrong defendant (InterEurope, the claims handler) instead of the Polish insurer PZU.
- •The claim was initially struck out by a Deputy District Judge due to the misnamed defendant and flawed pleading.
- •Ms. Alton appealed, and a County Court Judge overturned the strike-out order.
- •PZU appealed the County Court Judge's decision to the Court of Appeal.
Legal Principles
An appellate court will only interfere with a lower court's exercise of discretion if there's an error of principle, procedural unfairness, or a conclusion outside the ambit of reasonable disagreement.
Carroll v Chief Constable of Greater Manchester Police [2017] EWCA Civ 1992
When a statement of case is defective, the court should consider if the defect can be cured by amendment, and if so, refrain from striking it out without giving the party a chance to amend.
Park v Kim [2011] EWHC 1781 (QB)
The merits test for striking out a statement of case under CPR 3.4(2)(a) requires a real, not fanciful, prospect of success.
Kawasaki Kisen Kaisha Ltd v James Kemball Ltd. [2021] EWCA Civ 33
Under CPR 1.3, parties should help the court further the Overriding Objective, including dealing with the case proportionately.
CPR 1.3
A claim can arise from the same or substantially the same facts even if it depends on a new fact; amendments should not unduly prejudice the defendant by requiring investigation of completely unrelated facts.
Mulalley v Martlet Homes Ltd [2022] EWCA Civ 32; Goode v Martin [2001] 3 All ER 562
Foreign law is a question of fact, but a special kind requiring different treatment from other factual findings.
Bumper Development Corporation v Commissioner of Police for the Metropolis [1991] 1 W.L.R. 1362
Outcomes
The Court of Appeal dismissed PZU's appeal.
The Deputy District Judge erred in striking out the claim without considering the possibility of amendment and the balance of prejudice. The County Court Judge correctly overturned the strike-out.