Chandler v Water Corporation

Chandler and others sued the Water Corporation for damages they claimed to have suffered as a result of the Corporation's construction of sewerage works in and around Felspar Street, Welshpool, between May 1997 and December 1998. The plaintiffs applied for leave to amend the statement of claim in terms of a lengthy minute of amended statement of claim dated 15 May 2001. The Court refused leave to amend in terms of the May minute of proposed claim and allowed the plaintiffs liberty to replead. The Court found that the May minute of proposed claim did not comply with the rules of pleading and was overly long, overly broad and contained narrative and evidence. The Court found that the plaintiffs were unable to plead the facts and matters relied upon with sufficient precision and that the pleading was, in many respects, embarrassing. The Court struck out certain paragraphs and found that the plaintiffs should be allowed liberty to replead by submitting a fresh minute of proposed claim. The plaintiffs were ordered to submit a further minute of proposed claim within a time prescribed by the Court.