- Court considers whether amended pleadings contain a ‘new claim’ (Sainsbury’s v Ryan Jayberg)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Applicable principles
- The principles applied
- Case details
Construction analysis: The Technology and Construction Court (TCC) found that parts of a claimant’s proposed Amended Particulars of Claim constituted a new claim against the defendant, which did not arise from the same facts as the case previously pleaded, and therefore could not be permitted, where they arguably were made outside of the relevant limitation period. The amendments included allegations of breaches of statutory duty, which were outside the ambit of the claimant’s original case, which was based on breach of contract and/or negligence.
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