Amending Particulars of Claim
08/08/2014
Amending Particulars of Claim may be tricky at best of times and worse impermissible if the amendment does not arise out of the same or substantially the same facts as are already in issue under the original action.
Co-operative Group Limited v (1) Birse Developments Limited (in Liquidation) (2) Stuarts Industrial Flooring Limited (in administration) 93) Jubb & Partners (A Firm) 2014 EWCA Civ 707
In the aforesaid case the appellant had failed to persuade Akenhead J sitting in the TCC that the re-amendment arose from the same or substantially the same issues as in the original action and Akenhead J found that the re-amendment was a new cause of action which fell outside s.35 of the Limitation Act 1980 and CPR 17.4(2).