Countryside Properties v MDS Civil

Countryside Properties v MDS Civil

The amendments sought by the Claimants arise out of the same or substantially the same facts as the original claim. The amendments do not introduce new claims outside the limitation period, but rather clarify or amplify the existing claims. Therefore, the amendments are allowed under Section 35 of the Limitation Act and CPR 17.4.

Parties
Claimant: Countryside Properties; Defendant: MDS Civil
Jurisdiction
England and Wales
Judgment Date
11 December 2009
Procedural Posture
Civil (construction Dispute) / Application to Amend Pleadings
Outcome
Application to amend allowed (except for addition of new Claimant, which is adjourned to trial)
Legal Topics
Amendment of Pleadings, Limitation of Actions, Contractual Obligations, Negligence in Construction
Civil Procedure Construction Law Amendment of Pleadings Limitation of Actions Contractual Obligations Negligence in Construction

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Parties

Countryside Properties

Claimant

MDS Civil

Defendant

Procedural Posture

Civil (construction Dispute) / Application to Amend Pleadings

Legal Issues

  1. 1 Whether the proposed amendments to the Particulars of Claim constitute new claims under limitation rules
  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 under CPR 17.4 and Section 35 of the Limitation Act

Ratio Decidendi

The amendments sought by the Claimants arise out of the same or substantially the same facts as the original claim. The amendments do not introduce new claims outside the limitation period, but rather clarify or amplify the existing claims. Therefore, the amendments are allowed under Section 35 of the Limitation Act and CPR 17.4.

Court Disposition

Application to amend allowed (except for addition of new Claimant, which is adjourned to trial)

Orders

  • Claimants granted leave to amend the Particulars of Claim as sought, except for the addition of the new Claimant, which is adjourned to trial.
  • Defendant to pay Claimants' costs in the net sum of £3,000 within 14 days.