The EAT has confirmed that parties must reassess the prospects of claims and defences throughout litigation, with costs exposure arising where a case later becomes unsustainable. The decision provides important guidance for employment practitioners managing litigation risk.
In CX v Ministry of Justice, the EAT upheld the Tribunal’s refusal to allow a late amendment adding disability discrimination claims, finding it would introduce entirely new issues and expand the case significantly. The decision reinforces that amendment applications must be judged by their practical impact, timing, and potential prejudice, not just legal form. Practitioners are reminded to plead clearly, act promptly on new evidence, and prepare detailed arguments on the necessity and consequences of proposed amendments.
This case analysis of Re L [2022] EWCA Civ 169 examines whether judges can make findings outside the threshold document, highlighting the Court of Appeal’s approach to fairness, evidence, and case management in family law.
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