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High Court, in a claim against a building contractor and architect concerning a newly-built house that suffered damage in flooding, rules that the plaintiffs could maintain their claim for losses as detailed in updated particulars of loss, without the need to amend their statement of claim. The court found that the existing statement of claim sufficiently covered the disputed matters, including the plaintiffs' assertion that they would not have completed the purchase of the property had they been informed of the incorrect floor levels. The court determined that the updated losses could be explored through further particulars and discovery, rather than requiring an amendment to the pleadings. The decision allows the plaintiffs to pursue their recalculated losses following the sale of their flooded property by a receiver.
property flood damage, updated particulars of loss, statement of claim, reliance on certificates, construction compliance, Building Regulations, Planning Permissions, "no transaction" claim, mortgage payments, rental income, receiver sale, special damage, O. 28 r. 1 RSC (Rules of the Superior Courts), fair procedures, case management.
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