A Healthy Reminder

In this update on reported Clinical Negligence cases Lisa Dobie recommends that practitioners take a look at two recently reported cases concerning applications to amend clinical negligence pleadings  – In each case the applications to amend were made late. In Williams, the application to amend (along with several other consequential applications) was made close to trial and would require the trial date to be vacated. In Blakeman (on appeal) there had been a long delay in making the application to amend and the limitation period had since passed.

In Williams, Cotter J reminds us:

“95.  ….where a very late application to amend is made the correct approach is not that the amendments ought, in general, to be allowed so that the real dispute between the parties can be adjudicated upon. Rather, a heavy burden lies on a party seeking a very late amendment to show the strength of the new case and why justice to him, his opponent and other court users requires him to be able to pursue it. The risk to a trial date may mean that the lateness of the application to amend will of itself cause the balance to be loaded heavily against the grant of permission.”

Chelsea Williams v Daniel Wilkinson [2026] EWHC 1088 (KB)

Blakeman (As Personal Representative of Mr Eric Blakeman, Deceased) v University Hospitals of North Midlands NHS Trust [2026] EWHC 1089 (KB) “