“…analogy could be drawn with the line of cases (such as Hendry v Chartsearch Ltd [1998] CLC 1382 and Maridive & Oil Services SAE v CNA Insurance Co (Europe) Ltd [2002] EWCA Civ 369, [2002] 1 All ER (Comm) 653) decided under the Civil Procedure Rules in which claimants have been permitted to amend their Particulars of Claim to plead facts …”
“…that would promote the Overriding Objective of enabling the court to deal with the case justly: Maridive and Oil Services (SAE) v CNA Insurance Co (Europe) Ltd [2002] EWCA Civ 369, [2002] CLC 972.…”