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White v Greensand Homes Ltd & Ors [2007] EWCA Civ 643 (28 June 2007)


In an action against building contractors for the foundations of a property subsequently damaged by tree roots, the contractors admitted during the pre-action process and in the Defence that they were the designers of the foundations. Subsequently the contractors applied to amend their defence on the basis that they had not been responsible for the design of the works. The party identified had been dissolved long before proceedings were issued and the limitation period in respect of a claim under the Defective Premises Act 1972 had expired after the admission in the pre-action protocol. However the Defendant should be allowed to amend its Defence as it would be more unfair for the trial to proceed on a wholly false basis when the Claimant still had a possible claim against the party identified in negligence.