“… “very late” amendments, 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 …”
“… case of justification would be a very late development. There is a heavy burden on a party seeking a late amendment to justify it: Swain-Mason v Mills & Reeve [2011] EWCA Civ 14, [2011] 1 WLR 2375, Nesbit Law Group LLP v Acasta Insurance Co Ltd [2018] EWCA Civ 268. Of critical importance to the exercise of the discretion to permit or r…”
“…f a jurisdiction other 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 …”