Countryside Properties v MDS Civil [2009] EWHC 3418 (TCC) (11 December 2009)

Countryside Properties v MDS Civil [2009] EWHC 3418 (TCC) (11 December 2009)

The proposed amendments to the Particulars of Claim, including additional contractual terms, factual allegations regarding foundation depth, and clarifications regarding causation, arise out of the same or substantially the same facts as the original claim. The amendments do not introduce fundamentally new claims or...

Source-derived case information.

Citation
[2009] EWHC 3418 (TCC)
Parties
Claimant: Countryside Properties; Defendant: MDS Civil
Jurisdiction
England and Wales
Judgment Date
11 December 2009
Procedural Posture
Application to Amend Pleadings in Civil Construction Dispute / Interlocutory (pre Trial)
Outcome
Application to amend granted (save for addition of third Claimant, which is adjourned to trial).
Legal Topics
Amendment of Pleadings, Limitation of Actions, Contractual Obligations, Negligence in Construction, Costs Orders
Civil Procedure Construction Law Amendment of Pleadings Limitation of Actions Contractual Obligations Negligence in Construction Costs Orders

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Summary, issues, holding and outcome

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Parties

Countryside Properties

Claimant

MDS Civil

Defendant

Procedural Posture

Application to Amend Pleadings in Civil Construction Dispute / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether proposed amendments to the Particulars of Claim constitute new claims under Limitation Act 1980 s.35 and CPR 17.4(2)
  2. 2 Whether the amendments arise out of the same or substantially the same facts as the original claim
  3. 3 Whether the amendments should be allowed in the interests of justice and case management

Ratio Decidendi

The proposed amendments to the Particulars of Claim, including additional contractual terms, factual allegations regarding foundation depth, and clarifications regarding causation, arise out of the same or substantially the same facts as the original claim. The amendments do not introduce fundamentally new claims or causes of action requiring materially different factual investigation. Accordingly, permission to amend is granted. Costs of the application are awarded to the Claimant, net of a reasonable allowance for the Defendant's additional costs in pleading to the amendments.

Court Disposition

Application to amend granted (save for addition of third Claimant, which is adjourned to trial).

Orders

  • Claimants granted leave to amend Particulars of Claim as sought (except for addition of third Claimant, adjourned to trial).
  • Claimant to pay costs of and occasioned by the amendments, except that Defendant to pay Claimant's costs of contesting the application, netting to £3,000 payable by Defendant to Claimant within 14 days.