Dominic Regan explains why getting the budget right at the outset is imperative
“We will amend at trial” was one of the most common phrases in legal parlance. No more. It is evident on several fronts that the days of belated change, even well before trial, are over. I would go so far as to say that a practitioner failing to act at the earliest possible opportunity is now looking at a potential negligence claim. The robust new attitude demonstrated by Lord Justice Jackson and his cohorts has been applied to pleadings, experts and joinder.
In Swain-Mason v Mills & Reeve (a firm), [2011] EWCA Civ 14, [2011] All ER (D) 131 (Jan) we see a powerfully constituted court (Lord Justices Lloyd, Elias and Patten) move off in a new direction. While declaring that there is no inflexible rule to preclude late amendment the court refused to permit leave to re-amend the particulars of claim. What is more we see a clear policy shift spelt out. At para 72
