||All England Reporter
|| All ER (D) 365 (Jul)
|| EWHC 1773 (TCC)
||Queen's Bench Division (Technology and Construction Court)
||Andrew Spink QC and Robert-Jan Temmink (instructed by Yates Barnes, Chorley) for the claimant.
||Jonathan Acton-Davis QC (instructed by Eversheds LLP) for the Secretary of State.
||16 July 2007
Statement of claim - Amendment - Right to amend - Amendment late in course of litigation - Rule requiring parties to plead entire case in one set of proceedings - Whether rule applicable - Whether amendments conflicting with overriding objective - Civil Procedure Rules 1998, SI 1998/3132, CPR Pt 1.
Statement of claim Amendment. The rule that parties would not normally be permitted to re-open earlier litigation in respect of a matter that might have been pleaded in that litigation, could not be invoked to prevent a party from pleading at a late stage in litigation issues that might have been pleaded earlier. In all the circumstances, the amendments that the claimant sought to make to its particulars of claim did not conflict with the overriding objective in CPRPt1, and, accordingly, would be allowed.
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