Citation: [2022] EWCA Civ 32
On Monday 24 January 2022, the Court of Appeal in Mulalley & Co. Ltd v Martlet Homes Ltd upheld the decision of Pepperall J, giving the Respondent permission to amend its Particulars of Claim out of time pursuant to CPR 17.4(2) so as to include an allegation that the Appellant’s use of combustible cladding material for tower block refurbishment in 2005-2008 was in breach of its design and build contract. Although the amendment represented a new cause of action, it arose out of the same or substantially the same facts that had already been pleaded in the Particulars of Claim and put in issue by the Defence.
Jonathan Selby QC acted for the Respondent, instructed by Norton Rose Fulbright LLP.
Simon Hughes QC and James Frampton acted for the Appellant, instructed by Pinsent Masons LLP.
