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High Court allows an amendment to the Defendant's defence and counterclaim in trespass proceedings, to include two "heads of loss" not originally pleaded, on the grounds that: (1) the Plaintiffs have not established that they will be prejudiced in the defence of the Counterclaim to such an extent that the amendment sought should be refused; and (2) it is possible to deal with potential prejudice by a short adjournment to deal with the new claim.
Practice and procedure - trespass proceedings - amendment of pleadings - defence and counterclaim - whether prejudice caused - amendment allowed.
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