The Trademark Licensing Co Ltd & Anr v Leofelis SA & Ors

The Court of Appeal may refuse permission to amend and dismiss an appeal where the proposed amendment would prejudice a limited damages claim allowed below. The court’s decision was procedural and expressly aimed at preserving that claim. The supplied judgment gives no further substantive reasoning or statutory interpretation.

The appellant appealed from a decision of the High Court Chancery Division given by Mr Justice Roth. The lower court had allowed a limited claim for damages. After considering further submissions and documents, the Court of Appeal addressed an application for permission to amend and the related appeal. The central issue was whether amendment and continuation of the appeal should be permitted without prejudicing the limited damages claim.

1. The Court of Appeal considered the further submissions and documents placed before it.

2. The court stated that it did not wish to prejudice the limited claim for damages which Mr Justice Roth had allowed. In consequence, it refused the application for permission to amend.

3. The appeal was dismissed. The operative order was: application refused; appeal dismissed.

• Court of Appeal (Civil Division): appeal from the High Court Chancery Division dismissed and application for permission to amend refused, [2012] EWCA Civ 1533.
• High Court Chancery Division: decision of Mr Justice Roth; a limited claim for damages was allowed. The citation is not stated in the judgment.