Charles Church Developments Ltd v Stent Foundations Ltd & Anor [2006] EWHC 3158 (TCC) (05 December 2006)

Charles Church Developments Ltd v Stent Foundations Ltd & Anor [2006] EWHC 3158 (TCC) (05 December 2006)

The court has discretion to allow a claimant to plead a new cause of action after expiry of the limitation period if the new claim arises out of substantially the same facts as are already in issue in the proceedings, including facts pleaded by any defendant, and in this case, the balance of justice favours allowing the amendment.

Citation
[2006] EWHC 3158 (TCC)
Parties
Claimant: Charles Church Developments Limited; First Defendant: Stent Foundations Limited; Second Defendant: Peter Dann Limited
Jurisdiction
England and Wales
Judgment Date
05 December 2006
Procedural Posture
Application to Amend Particulars of Claim After Expiry of Limitation Period / Interlocutory Application Before Trial
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Limitation of Actions, Discretion to Allow Amendments, Contribution Claims, Negligence, Breach of Contract
Civil Procedure Construction Law Amendment of Pleadings Limitation of Actions Discretion to Allow Amendments Contribution Claims Negligence Breach of Contract

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Parties

Charles Church Developments Limited

Claimant

Stent Foundations Limited

First Defendant

Peter Dann Limited

Second Defendant

Procedural Posture

Application to Amend Particulars of Claim After Expiry of Limitation Period / Interlocutory Application Before Trial

Legal Issues

  1. 1 Whether the claimant should be permitted to amend its particulars of claim to plead a new cause of action against the first defendant after expiry of the limitation period, where the new claim arises from facts pleaded by the second defendant in its defence.

Ratio Decidendi

The court has discretion to allow a claimant to plead a new cause of action after expiry of the limitation period if the new claim arises out of substantially the same facts as are already in issue in the proceedings, including facts pleaded by any defendant, and in this case, the balance of justice favours allowing the amendment.

Court Disposition

Application granted

Orders

  • Permission granted to Charles Church Developments Limited to amend its particulars of claim as proposed, including the opposed amendments against Stent Foundations Limited.
  • Permission granted to Stent Foundations Limited to appeal to the Court of Appeal pursuant to CPR r 52.3.