Henderson & Jones Limited & Ors v Grange Heating Services Limited & Ors

Henderson & Jones Limited & Ors v Grange Heating Services Limited & Ors

The proposed amendments do not introduce a new cause of action or new facts but provide further detail to the existing claim. Even if a new cause of action is arguable, it arises out of substantially the same facts. The pleas regarding transferred loss and third party rights are reasonably arguable but require...

Source-derived case information.

Parties
Claimant: Henderson & Jones Limited & Ors; Defendant: Grange Heating Services Limited & Ors
Jurisdiction
England and Wales
Judgment Date
03 May 2025
Procedural Posture
Civil (technology and Construction Court) / Application to Amend Particulars of Claim Prior to First Case Management Conference
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Limitation of Actions, Transferred Loss, Third Party Rights, Implied Terms, Fit for Purpose Obligations
Contract Law Tort Law Construction Law Amendment of Pleadings Limitation of Actions Transferred Loss Third Party Rights Implied Terms +1 more

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Parties

Henderson & Jones Limited & Ors

Claimant

Grange Heating Services Limited & Ors

Defendant

Procedural Posture

Civil (technology and Construction Court) / Application to Amend Particulars of Claim Prior to First Case Management Conference

Legal Issues

  1. 1 Whether the proposed amendments to the particulars of claim introduce a new cause of action outside the limitation period
  2. 2 Whether the amendments arise out of the same or substantially the same facts as the original claim
  3. 3 Whether the claimants can rely on the principle of transferred loss

Ratio Decidendi

The proposed amendments do not introduce a new cause of action or new facts but provide further detail to the existing claim. Even if a new cause of action is arguable, it arises out of substantially the same facts. The pleas regarding transferred loss and third party rights are reasonably arguable but require further particularisation. Permission to amend is granted, subject to the right of the first defendant to apply to strike out, for summary judgment, or for determination of a preliminary issue.

Court Disposition

Application granted

Orders

  • Permission granted to amend particulars of claim as proposed, subject to further particularisation of the transferred loss and third party rights pleas.
  • First defendant retains the right to apply to strike out, for summary judgment, or for determination of a preliminary issue regarding the amended claims.