Salter Property Investments Limited v PCL Planning Limited & Anor

Salter Property Investments Limited v PCL Planning Limited & Anor

The proposed amendment is a particularisation of the existing claim and not a new claim; therefore, permission to amend is granted without consideration of the real prospect of success threshold. Even if the threshold applied, there is sufficient material to demonstrate a real prospect of success.

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 granted for proposed amendments to particulars of claim
Legal Topics
Amendment of Pleadings, Curtilage of Listed Buildings, Duty to Advise on Legal Risk
Professional Negligence Planning Law Amendment of Pleadings Curtilage of Listed Buildings Duty to Advise on Legal Risk

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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 allege negligence in failing to advise of a significant possibility regarding the curtilage question
  2. 2 Whether the proposed amendment constitutes a new claim requiring a real prospect of success
  3. 3 Whether there is evidence to support the amended claim

Ratio Decidendi

The proposed amendment is a particularisation of the existing claim and not a new claim; therefore, permission to amend is granted without consideration of the real prospect of success threshold. Even if the threshold applied, there is sufficient material to demonstrate a real prospect of success.

Court Disposition

permission granted for proposed amendments to particulars of claim

Orders

  • Permission granted to amend paragraph 23(i) as contained in the draft RAPOC.
  • If consequential matters cannot be agreed, a hearing will be fixed.