References: [1998] EWCA Civ 233, [1998] EWCA Civ 233
Links: Bailii
Coram: Lord Justice Swinton Thomas Lord Justice Mummery
Ratio: The plaintiffs operated a car wash, and the respondents supplied machinery for car washes. The plaintiffs claimed that machinery supplied was defective and in breach of warranty. The defendant sought leave to appeal against an order allowing the plaintiff to amend their statement of claim, and to adduce additional expert evidence. The defendant argued that allowing the amendments shortly before a date fixed for trial would seriously prejudice them.
Held: The judge’s decision was one within his discretion, and could not be said to be irrational. Leave to appeal refused.
This case cites:
- Cited – Ketteman v Hansel Properties Ltd HL ([1987] 2 WLR 312, [1987] AC 189)
Houses were built on defective foundations. The purchasers sued the builders and later the architects who designed them. The defendants argued that the houses were doomed from the start so that the cause of action accrued, not when the physical . .
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Last Update: 03 February 2017
Ref: 143711
