Mersey Docks Property Holdings Ltd & Ors v Birse Construction Lrd & 4 Orsy

Mersey Docks Property Holdings Ltd & Ors v Birse Construction Lrd & 4 Orsy

The proposed amendments, except possibly paragraph 34(4), do not introduce new causes of action. Even if they do, they arise out of the same or substantially the same facts as those already in issue in the proceedings. CPR 17.4 should be construed broadly to allow such amendments. The court will allow the amendments subject to the exercise of its discretion, with further case management directions to follow.

Parties
Claimant: Mersey Docks Property Holdings Ltd & ors; First Defendant: Birse Construction Ltd; Second Defendant: Broadway Malyan; Third Defendant: Fordham Johns; Fourth Defendant: Kilgour; Fifth Defendant: Frank Graham
Jurisdiction
England and Wales
Judgment Date
21 October 2004
Procedural Posture
Civil (construction/contract/tort) / Application for Permission to Amend Particulars of Claim
Outcome
Application for permission to amend Particulars of Claim allowed, subject to case management directions and exercise of discretion.
Legal Topics
Amendment of Pleadings, Limitation of Actions, Collateral Warranties, Negligence, Case Management
Civil Procedure Construction Law Contract Law Tort Law Amendment of Pleadings Limitation of Actions Collateral Warranties Negligence +1 more

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Parties

Mersey Docks Property Holdings Ltd & ors

Claimant

Birse Construction Ltd

First Defendant

Broadway Malyan

Second Defendant

Fordham Johns

Third Defendant

Kilgour

Fourth Defendant

Frank Graham

Fifth Defendant

Procedural Posture

Civil (construction/contract/tort) / Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether proposed amendments to the Particulars of Claim introduce new causes of action within the meaning of the Limitation Act and/or CPR Rule 17.4
  2. 2 Whether any new causes of action arise out of the same or substantially the same facts as those already in issue
  3. 3 Whether the court should exercise its discretion to allow the amendments

Ratio Decidendi

The proposed amendments, except possibly paragraph 34(4), do not introduce new causes of action. Even if they do, they arise out of the same or substantially the same facts as those already in issue in the proceedings. CPR 17.4 should be construed broadly to allow such amendments. The court will allow the amendments subject to the exercise of its discretion, with further case management directions to follow.

Court Disposition

Application for permission to amend Particulars of Claim allowed, subject to case management directions and exercise of discretion.

Orders

  • Claimants to respond to defendants' request for information in a comprehensive pleading to be substituted for the existing Particulars of Claim.
  • Defendants to have opportunity to respond; claimants to reply thereafter.