Gabriel v Hayward & Ors

Gabriel v Hayward & Ors

The amendment to the particulars of claim is allowed, subject to deletion of certain passages, because justice requires the claimant be permitted to proceed with a more detailed statement of case, despite the difficulties for the defendants, as the existing pleadings are unsatisfactory and the proposed amendments do not introduce claims bound to fail or outside the limitation period.

Parties
Claimant: Peter Gabriel; Defendant: Colin Hayward; Defendant: R. L. Carp; Defendant: D. M. Slann; Defendant: Cameron Smith; Defendant: Boyden Project Management Limited; Defendant: Sedley Place Limited; Defendant: Terry M. J. New; Defendant: Stephen Furlonger
Jurisdiction
England and Wales
Judgment Date
22 October 2004
Procedural Posture
Civil (construction/professional Negligence) / Application to Amend Particulars of Claim
Outcome
Application to amend particulars of claim allowed in part
Legal Topics
Amendment of Pleadings, Particularity in Pleadings, Limitation, Professional Duties, Damages
Civil Procedure Construction Law Professional Negligence Amendment of Pleadings Particularity in Pleadings Limitation Professional Duties Damages

Case Brief

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Parties

Peter Gabriel

Claimant

Colin Hayward

Defendant

R. L. Carp

Defendant

D. M. Slann

Defendant

Cameron Smith

Defendant

Boyden Project Management Limited

Defendant

Sedley Place Limited

Defendant

Terry M. J. New

Defendant

Stephen Furlonger

Defendant

Procedural Posture

Civil (construction/professional Negligence) / Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the claimant should be permitted to amend the particulars of claim by substitution
  2. 2 Whether the proposed amendments introduce new claims outside the limitation period
  3. 3 Whether the amended particulars are insufficiently particularized or prolix

Ratio Decidendi

The amendment to the particulars of claim is allowed, subject to deletion of certain passages, because justice requires the claimant be permitted to proceed with a more detailed statement of case, despite the difficulties for the defendants, as the existing pleadings are unsatisfactory and the proposed amendments do not introduce claims bound to fail or outside the limitation period.

Court Disposition

Application to amend particulars of claim allowed in part

Orders

  • Proposed amendment to particulars of claim allowed, subject to deletion of certain passages as conceded and as specified in the judgment.
  • Leave granted to defendants to amend their defences consequentially.