Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

WILLIAMS v. BOAG.

(1940) 67 Ll.L.Rep. 560

COURT OF APPEAL.

Before Lord Justice MacKinnon, Lord Justice Goddard and Lord Justice du Parcq.

Practice - Payment into Court - Action brought on marine insurance policy- Payment into Court by defendant underwriter with admission of liability -Application by defendant to learned Judge in Chambers for leave to amend defence - Application granted - Amendment an insuperable bar to plaintiff's claim-Subsequent refusal by Judge to order repayment to defendant of money paid into Court- Judge not informed of payment in when application for leave to amend defence was made-R.S.C., Order 22, rr. 3, 6.

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