In 2004, Hot Heating Ltd agreed to install a heating system to British standards in Carl’s factory. The system was installed defectively and failed to comply with British standards, causing Carl loss and damage.In August 2005, Carl commenced proceedings against Hot Heating for damages for breach of contract, alleging failure to install the system to British standards. The action has still not reached trial, and Carl now wishes to know whether he can amend his particulars of claim in orderto include a negligence claim in addition to the breach of contract claim.
Which ONE of the following statements is CORRECT?
[A] Carl cannot amend his particulars of claim because the limitation periodhas expired.
[B] Carl does not require the permission of the court in order to amend hisparticulars of claim.
[C] Carl requires the permission of the court in order to amend hisparticulars of claim and should rely on the fact that the new claim arisesout of the same facts as the current one.
[D] Carl can only amend his particulars of claim if the court extends thelimitation period under the Limitation Act 1980 s.33.
[C] Carl requires the permission of the court in order to amend his particulars of claim and should rely on the fact that the new claim arisesout of the same facts as the current one.
[[C] is CORRECT. See CPR Rule 17.4(2)] There is discretion under CPR Rule 17.4(2) to allow the amendment despite the fact that the limitation period has expired.