Salter Property Investments Ltd v PCL Planning Ltd & Anor [2022] EWHC 2115 (Ch) (12 August 2022)

Salter Property Investments Ltd v PCL Planning Ltd & Anor [2022] EWHC 2115 (Ch) (12 August 2022)

The proposed amendment is a particularisation of the existing pleaded case and not a new claim; therefore, it does not need to meet the real prospect of success threshold. Even if it were a new claim, there is sufficient material to show a real prospect of success. Permission to amend is granted.

Citation
[2022] EWHC 2115 (Ch)
Parties
Claimant: Salter Property Investments Limited; First Defendant: PCL Planning Limited; Second Defendant: Charles Banner QC
Jurisdiction
England and Wales
Judgment Date
12 August 2022
Procedural Posture
Professional Negligence / Application for Permission to Amend Particulars of Claim
Outcome
Permission to amend granted
Legal Topics
Amendment of Pleadings, Barrister's Duty of Care, Curtilage in Planning Law, Summary Judgment Threshold, Statutory Interpretation
Professional Negligence Planning Law Civil Procedure Amendment of Pleadings Barrister's Duty of Care Curtilage in Planning Law Summary Judgment Threshold Statutory Interpretation

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Parties

Salter Property Investments Limited

Claimant

PCL Planning Limited

First Defendant

Charles Banner QC

Second Defendant

Procedural Posture

Professional Negligence / Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the claimant should be permitted to amend its particulars of claim to plead an alternative case of negligence against the second defendant barrister
  2. 2 Whether the proposed amendment constitutes a new claim requiring a real prospect of success
  3. 3 Whether the amended case is properly particularised and supported by evidence

Ratio Decidendi

The proposed amendment is a particularisation of the existing pleaded case and not a new claim; therefore, it does not need to meet the real prospect of success threshold. Even if it were a new claim, there is sufficient material to show a real prospect of success. Permission to amend is granted.

Court Disposition

Permission to amend granted

Orders

  • Permission granted to the claimant to amend paragraph 23(i) of the particulars of claim as proposed.
  • If consequential matters cannot be agreed, a further hearing may be fixed.