An amendment alleging failure to maintain sub-surface drainage of a road (to prevent defects forming) constitutes a new cause of action distinct from an existing claim alleging failure to maintain the road surface (by removing defects already formed), and is impermissible under r 376(4) UCPR after the limitation period has expired. The dividing line between a new cause of action and further particulars turns on whether different facts constituting different breaches of duty are alleged, not merely whether the claims both involve 'maintenance questions' at a general level.
The full text is available to signed-in members, including the 23 later cases that cite this judgment.
10 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.