Secker v Fairhill Property Services and others, QBD (Judge Cotter QC), 17th November 2016
The Claimant owned a new build property which had been constructed by the First Defendant. She fell over a step in the garden and suffered serious injuries. Her pleaded case was that the First Defendant had breached the contract of sale by failing to complete the work to a satisfactory standard and in compliance with building regulations.
The Claimant made three applications one week before trial. Only one was opposed. By this application, the Claimant sought permission to amend her particulars of claim to allege that there had been a breach of common law duty.
The application was refused. There was no real reason advanced in support of the amendment which appeared to simply represent a late change of mind. The new allegation was substantially different and could not be met by the Defendants on the basis of the current evidence, certainly not without additional work. Allowing the amendment would require the trial date to be vacated if the Defendants were not to be faced with a new allegation at a very late stage.