D&G Cars Ltd v Essex Police Authority [2013] EWCA Civ 514 (16 May 2013)

D&G Cars Ltd v Essex Police Authority [2013] EWCA Civ 514 (16 May 2013)

The proposed amendments to the Particulars of Claim introduced a new cause of action based on allegations of intentional wrongdoing and bad faith, which did not arise out of the same or substantially the same facts as the original claim and were therefore statute-barred. However, relevant facts rebutting the defence of justification may be pleaded in Reply, provided they are strictly relevant to the defence and do not amount to a new claim.

Citation
[2013] EWCA Civ 514
Parties
Appellant/claimant: D&G Cars Limited; Respondent/defendant: Essex Police Authority
Jurisdiction
England and Wales
Judgment Date
16 May 2013
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Amendment of Pleadings
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Limitation Periods, Public Contracts Regulations 2006, Equal Treatment and Non Discrimination, Cause of Action, Statutory Interpretation
Public Procurement Contract Law Civil Procedure Amendment of Pleadings Limitation Periods Public Contracts Regulations 2006 Equal Treatment and Non Discrimination Cause of Action +1 more

Case Brief

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Parties

D&G Cars Limited

Appellant/claimant

Essex Police Authority

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Amendment of Pleadings

Legal Issues

  1. 1 Whether proposed amendments to the Particulars of Claim constituted a new cause of action barred by limitation under the Public Contracts Regulations 2006 and the Limitation Act 1980
  2. 2 Whether allegations of conscious bias and bad faith could be introduced by way of Reply or only by amendment to the Particulars of Claim
  3. 3 Whether the amendments arose out of the same or substantially the same facts as the original claim

Ratio Decidendi

The proposed amendments to the Particulars of Claim introduced a new cause of action based on allegations of intentional wrongdoing and bad faith, which did not arise out of the same or substantially the same facts as the original claim and were therefore statute-barred. However, relevant facts rebutting the defence of justification may be pleaded in Reply, provided they are strictly relevant to the defence and do not amount to a new claim.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Costs of the appeal to be in the case; police authority's costs to be in the case.