Tjd Trade Limited v Bam Construction Limited [2022] EWHC 1285 (TCC) (26 May 2022)

Tjd Trade Limited v Bam Construction Limited [2022] EWHC 1285 (TCC) (26 May 2022)

The proposed amendment does not constitute a new claim but adds a new head of loss arising from the same breaches of contract already pleaded. Even if it were a new claim, it would arise out of the same or substantially the same facts. The amendment is not precluded by limitation rules and should be permitted in the...

Source-derived case information.

Citation
[2022] EWHC 1285 (TCC)
Parties
Claimant: TJD Trade Limited; Defendant: BAM Construction Limited
Jurisdiction
England and Wales
Judgment Date
26 May 2022
Procedural Posture
Application to Amend Particulars of Claim in Breach of Contract Proceedings / Interlocutory Application Before Trial
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Limitation of Actions, Damages for Breach of Contract, Scope of Duty, Remoteness of Damage
Contract Law Civil Procedure Amendment of Pleadings Limitation of Actions Damages for Breach of Contract Scope of Duty Remoteness of Damage

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Parties

TJD Trade Limited

Claimant

BAM Construction Limited

Defendant

Procedural Posture

Application to Amend Particulars of Claim in Breach of Contract Proceedings / Interlocutory Application Before Trial

Legal Issues

  1. 1 Whether the proposed amendment constitutes a new claim after expiry of limitation period under CPR 17.4
  2. 2 Whether the new head of loss arises out of the same or substantially the same facts as the existing claim
  3. 3 Whether the amendment should be permitted under the court's discretion in CPR 17.3

Ratio Decidendi

The proposed amendment does not constitute a new claim but adds a new head of loss arising from the same breaches of contract already pleaded. Even if it were a new claim, it would arise out of the same or substantially the same facts. The amendment is not precluded by limitation rules and should be permitted in the court's discretion as it will not cause significant prejudice or disrupt the proceedings.

Court Disposition

Application granted

Orders

  • Permission granted to amend Particulars of Claim as proposed