“…In Hertel v Saunders [2018] EWCA Civ 1831, [2018] 1 WLR 5852 the claimants in existing proceedings served a draft amended claim form containing a proposed new claim. Before the claimants had obtained p…”
“…Mr McDonald further sought support for his submissions in Hertel v Saunders [2018] EWCA Civ 1831, [2018] 1 WLR 5852. That case concerned an offer made by defendants in respect of a new claim which had been indicated by the claimants by way of a proposed am…”
“…hich had yet to be pleaded? In essence, Mr Cook on behalf of Calonne submits that as a result of the decision of the Court of Appeal in Hertel & Anr v Saunders [2018] EWCA Civ 1831, [2018] 1 WLR 5832(which was handed down after the Judge made his order) the inclusion of a counterclaim which had yet to be pleaded was fatal to the validity …”