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High Court overturns an order of the Circuit Court and allows the amendment of facts pleaded in the plaintiff's personal injuries claim, on the grounds that the amendment, which relates to the plaintiff's back injury occurring suddenly at work while stocking shelves rather than pushing trolleys : (a) does not add a new cause of action or introduce a very substantial range of new facts; (b) is consistent with his PIAB application; and (c) causes the Defendant no particular prejudice.
High Court - appeal of order from Circuit Court refusing to allow the Plaintiff to amend his personal injuries claim - Plaintiff originally alleged that he suddenly suffered back injury while pushing trolleys at work in supermarket - Plaintiff says this is erroneous and the injury, while being caused by the habitual pushing of trolleys, actually occurred suddenly while stocking shelves - Court finds that this new assertion is consistent with PIAB application form - Court finds that amendment sought does not add new cause of action or introduce substantial range of new facts - Court finds that amendment causes no particular prejudice to Defendant - Plaintiff's appeal allowed.
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