“…nts, a “very late” amendment being one which would cause the trial date to be lost.As Lloyd LJ observed in Swain-Mason v. Mills & Reeve LLP [2011] EWCA Civ 14, [2011] 1 WLR 2735, at [72], “the court is and should be less ready to allow a very late amendment than it used to be in former times, and … a heavy onus lies on a party seeking …”
“…er than that of England and Wales. The judge directed himself by reference to the decision of this court in Swain-Mason v Mills & Reeve LLP [2011] EWCA Civ 14, [2011] 1 WLR 2735. It is not and could not be suggested that he had the wrong principles in mind. The first matter that he considered was why the application had been brought so…”
“…ent issue turns on whether it is now too late for Acasta to amend its Defence, bearing in mind the guidance on this issue given in Swain-Mason v. Mills & Reeve [2011] 1 WLR 2735 (at paragraphs 69 to 72, 85 and 106) (“Swain-Mason”) and other cases. Acasta acknowledged the need for finality in litigation, and was unable to offer any excu…”