Application to amend statement of claim to include pleas of deceit is refused

Plaintiff seeks leave to amend statement of claim to include two additional pleas of deceit - three written judgments have been delivered in these proceedings, two of which concerned the defendant's motion to compel the delivery of further and better particulars - plaintiff says that the proposed pleas in fact do not form part of its case in fraud against the defendants - in further replies to particulars, the plaintiff stated that test results given in evidence by or on behalf of the fourth named defendant were falsified - the proposed amendments were not designed to elaborate upon or expand the plaintiff's claim against the defendants - defendant asserts that test results are genuine - plaintiff does not accept this is the case - plaintiff wishes to amend the statement of claim to plead that such results cannot be genuine - application to amend the statement of claim is misconceived - not designed to elucidate matters in controversy between the parties - the defendants are still in the dark as to the precise nature of the wrong alleged to have been committed - application to amend the statement of claim refused - fourth named defendant brought a motion to strike out portions of the plaintiff's replies to particulars - the allegation of falsifying or having suspicions as to the veracity or genuineness of test results does not in fact form part of the plaintiff’s claim but, rather, its rebuttal of the anticipated line of defence on the part of all of the defendants - these pleas are not in fact particulars of the statement of claim, and therefore they should not remain in the replies to the particulars of the statement of claim - first, second, third and fifth named defendants also brought a motion seeking to strike out certain replies delivered by the plaintiff to requests for particulars raised by these defendants - the replies were more properly considered as being directed towards any evidence rather than comprising particulars relating to the state of knowledge of the defendants - these replies are not particulars of the plaintiff's claim and are struck out - defendants also sought that a paragraph be struck out that had a quote from an earlier judgment in these proceedings - this paragraph is not a reply to particulars but reflects a disagreement between the respective firms of solicitors concerning the case advanced - leave to amend statement of claim in the manner proposed is refused.