Home Information Cases Castle Trustee Ltd & Ors v Bombay Palace Restaurant Ltd & Anor (2017)

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Castle Trustee Ltd & Ors v Bombay Palace Restaurant Ltd & Anor (2017)

Summary

The court struck out parts of the defendants' amended defence and counterclaim, which concerned works done on a restaurant, as they sought to introduce a new concept not contained within the original defence and counterclaim, namely that prior agreement was necessary in respect of payment for additional and/or varied works. The new concept, although a plausible outcome, was not consequential on the claimants' amendments to their particulars of claim and required a formal application to amend by the defendants.

Facts

Held

Application granted in part

Queen's Bench Division
Coulson J
Judgment date
31 March 2017
References