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Particulars of claim – Amendment. NatWest had lost a cheque that had been cashed by the claimant so he had not received the money. The claimant issued proceedings in negligence against the bank, by which time it had become apparent that the account against which the cheque had been drawn had been overdrawn when the cheque had been written. The claimant had sought to amend his particulars of claim to contend that the bank would have extended the overdraft or contacted the account holder to arrange transfer of funds had NatWest presented the cheque. He was refused permission to amend his particulars as the amendments were unsustainable and the claim was dismissed. The Court of Appeal, Civil Division, held that, on the evidence that had been before him, the judge had been right not to grant permission to amend the claim.
Particulars of claim – Amendment. NatWest had lost a cheque that had been cashed by the claimant so he had not received the money. The claimant issued proceedings in negligence against the bank, by which time it had become apparent that the account against which the cheque had been drawn had been overdrawn when the cheque had been written. The claimant had sought to amend his particulars of claim to contend that the bank would have extended the overdraft or contacted the account holder to arrange transfer of funds had NatWest presented the cheque. He was refused permission to amend his particulars as the amendments were unsustainable and the claim was dismissed. The Court of Appeal, Civil Division, held that, on the evidence that had been before him, the judge had been right not to grant permission to amend the claim.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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