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Nigel Woodhouse successful at Court of Appeal in Hayer v Hayer CA (Civ Div) (Arden LJ, Richards LJ, Patten LJ)

Posted: 20 January 2012

'Hayer v Hayer CA (Civ Div) (Arden LJ, Richards LJ, Patten LJ) 12/1/2012 - Nigel Woodhouse succeeds on appeal with a unanimous decision that a judge erred in permitting an amendment to a defendant's case on the last day of trial following his own suggestion that a trust deed might have been signed as a result of undue influence. This allegation was inconsistent with the defendant's pleaded case, with no supporting evidence and the defendant had failed to explain why such an extraordinarily late amendment should be permitted. The judge also erred in refusing an adjournment to allow the claimant to adduce fresh evidence and to recall witnesses for cross-examination.'