‘can a defendant plead a comprehensive defence to allegations of breach (which relies on matters not expressly addressed by the particulars of claim), and raise a separate case on causation (which it says would defeat the claimant’s claim in any event), and then seek to rely upon CPR 17.4(2) to deny the claimant the opportunity … Continue reading Mulalley and Co Ltd v Martlet Homes Ltd: CA 24 Jan 2022
The claimants sought to amend their particulars of claim to add a request for declarations with regard to a bill of lading and contract for carriage. Held: The application to amend was made more than six years after the cause of action accrued. It was in its nature a new claim. The additional possibility that … Continue reading P and O Nedloyd BV v Arab Metals Co and Others (‘The UB Tiger’): QBD 22 Jun 2005
The claimant had sought to amend her claim for damages for personal injuries. The application had been rejected as introducing a claim not based on the same facts. She had suffered severe head injuries, and had no memory of the accident. She served a statement of claim based upon the defendant’s statement. The defendants defence … Continue reading Goode v Martin: CA 13 Dec 2001