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Co-Operative Group Ltd v Birse Developments Ltd & Ors

2014

COURT OF APPEAL (CRIMINAL DIVISION)

United Kingdom

CORAM

  • LORD JUSTICE BRIGGS

Areas of Law

  • Civil Procedure
  • Construction Law
  • Contract Law

AI Generated Summary

The case concerned whether an amendment to the Claimant's Particulars of Claim constituted a new cause of action, which did not arise out of the same facts as initially pleaded. The lower court refused the amendment on discretionary grounds, which the Appellant appealed. The Court of Appeal upheld the judge's decision, noting the new claim involved fundamentally different facts, thus situating the new claims outside the permissible scope of amendments under the Limitation Act 1980, s.35, and CPR 17.4(2). The appeal was dismissed.