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R G CARTER PROJECTS LTD v CUA PROPERTY LTD

Construction Law Reporter

R G CARTER PROJECTS LTD v CUA PROPERTY LTD

Abandonment of significant part of claim – Cost consequences of making such an amendment

The claimant brought an action for damages against the defendant in which it sought to recover £14,225,768 for alleged misrepresentations. In the present action the claimant sought to amend its claim in order to abandon the claim in misrepresentation. The effect of the amendments was to reduce the value of the claim to £1,852,338.57. There was no dispute as to the claimant’s entitlement to amend its claim. The dispute was as to the costs consequences of permitting the amendment.

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