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United Kingdom replyamendment limitationcladding

Martlett Homes Ltd v Mulalley & Co Ltd

[2021] EWHC 296 (TCC)
JurisdictionUnited Kingdom
CourtHigh Court (Queen's Bench Division, Technology and Construction Court)
Year2021
StatusPersuasive authority

Key Principle

A new substantive claim raised in answer to a defence must be pleaded by amendment to the Particulars of Claim rather than introduced solely in a Reply; and where such an amendment may be statute-barred the court may permit it to take effect from the date of the amendment application (the 'Mastercard basis'), preserving the defendant's limitation defence.

Area of Law

General

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