Peter Gabriel -v- Colin Hayward & 7 Ors

[2004] EWHC 2363 (TCC)

The Claimant (G) in a claim for damages for negligence and breach of contract applied to amend the particulars of claim by way of substitution.  G had employed the services of the defendants (D) in relation to the renovation of a residential home.  It was common ground that the claim as pleaded was long and detailed.  At a first case management conference D were required to disclose documentation to G in order for G to particularise the pleading.  G was then given permission to amend the particulars by way of substitution.  As D objected to the amendments G was required to make an application for permission to amend.  D submitted that the proposed amendments lacked particularity, were prolix and pleaded claims that had been statute-barred when originally made and would therefore be bound to fail.  D also claimed that certain of the proposed amendments alleged for the first time a new duty on D and that such new allegations should not be allowed.