TJD TRADE LIMITED v BAM CONSTRUCTION LIMITED

TJD TRADE LIMITED v BAM CONSTRUCTION LIMITED

The proposed amendment does not introduce a new cause of action but adds a new head of loss arising from the same breaches of contract already pleaded. The amendment is not prohibited by CPR 17.4 and, applying CPR 17.3, should be allowed as it will not cause significant prejudice or disrupt the trial, and the greater injustice would be to refuse the amendment.

Parties
Claimant: TJD Trade Limited; Defendant: BAM Construction Limited
Jurisdiction
England and Wales
Judgment Date
26 May 2022
Procedural Posture
Civil (contractual Dispute) / Application to Amend Particulars of Claim
Outcome
Application to amend Particulars of Claim allowed
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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

TJD Trade Limited

Claimant

BAM Construction Limited

Defendant

Procedural Posture

Civil (contractual Dispute) / Application to Amend Particulars of Claim

Legal Issues

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

Ratio Decidendi

The proposed amendment does not introduce a new cause of action but adds a new head of loss arising from the same breaches of contract already pleaded. The amendment is not prohibited by CPR 17.4 and, applying CPR 17.3, should be allowed as it will not cause significant prejudice or disrupt the trial, and the greater injustice would be to refuse the amendment.

Court Disposition

Application to amend Particulars of Claim allowed

Orders

  • Claimant granted permission to amend Particulars of Claim as proposed