Citation: EWCA Civ 707
The Court of Appeal refused permission to amend the original allegations, which concerned cracking of the concrete slabs and localised areas of insufficient thickness, which were said to require patchwork repair at a cost of about £380,000 to add a new claim of a systemic defect affecting the entirety of the floor slabs, which required the replacement of the whole floor. It was not fair, reasonable, or accurate to characterise that new case as arising out of substantially the same facts as were already in issue. Simon Hughes QC and Thomas Lazur acted for the Appellant.
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