Where the risk created by a particular condition (here, asphalt surface) is of a specific type of injury (abrasion), and the injury actually suffered is of a different type (hyper-flexion wrist injury), the condition is causally immaterial to the claim. A late amendment to grounds of appeal will not be permitted unless the court is satisfied that actual and significant prejudice might be suffered by the appellant if the application is refused, and the proposed new ground has substance.
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