Pleading – Amendment. The applicants' application to amend their claim failed. The Chancery Division held that, on any analysis, the claim being presently pleaded was a new claim. Further, the court had no discretion to allow the amendments, because the conditions of s 35 of the Limitation Act 1980 and CPR 17.4(2) were not met. The new claims did not arise out of substantially the same facts as were already in issue.