Co-Operative Group Ltd v Birse Developments Ltd & Ors [2014] EWCA Civ 707 (22 May 2014)

Co-Operative Group Ltd v Birse Developments Ltd & Ors [2014] EWCA Civ 707 (22 May 2014)

The proposed re-amendment alleges a systemic defect of insufficient slab thickness affecting the entirety of the floor slabs, which is a qualitative change from the original claim of localised defects. This does not arise from the same or substantially the same facts as the original pleadings. Therefore, the amendment is not permissible under Limitation Act 1980, s.35 and CPR 17.4(2).

Citation
[2014] EWCA Civ 707
Parties
Appellant / Claimant: Co-operative Group Limited; First Respondent / Defendant: Birse Developments Limited (in liquidation); Second Respondent / Third Party: Stuarts Industrial Flooring Limited (in administration); Third Respondent / Fourth Party: Jubb & Partners (A Firm)
Jurisdiction
England and Wales
Judgment Date
22 May 2014
Procedural Posture
Civil Appeal / Appeal From High Court (technology and Construction Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Limitation of Actions, Cause of Action, Case Management Discretion
Civil Procedure Construction Law Amendment of Pleadings Limitation of Actions Cause of Action Case Management Discretion

Case Brief

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Parties

Co-operative Group Limited

Appellant / Claimant

Birse Developments Limited (in liquidation)

First Respondent / Defendant

Stuarts Industrial Flooring Limited (in administration)

Second Respondent / Third Party

Jubb & Partners (A Firm)

Third Respondent / Fourth Party

Procedural Posture

Civil Appeal / Appeal From High Court (technology and Construction Court) to Court of Appeal

Legal Issues

  1. 1 Whether the proposed re-amendment introduces a new cause of action not arising from the same or substantially the same facts as the original claim
  2. 2 Whether the amendment is permissible under Limitation Act 1980, s.35 and CPR 17.4(2)

Ratio Decidendi

The proposed re-amendment alleges a systemic defect of insufficient slab thickness affecting the entirety of the floor slabs, which is a qualitative change from the original claim of localised defects. This does not arise from the same or substantially the same facts as the original pleadings. Therefore, the amendment is not permissible under Limitation Act 1980, s.35 and CPR 17.4(2).

Court Disposition

Appeal dismissed

Orders

  • Permission to re-amend the Particulars of Claim refused