The defendants appealed an order granting the plaintiff leave to amend her statement of claim in an occupier's liability action.
The defendants argued the amendment introduced a new cause of action outside the limitation period, making the order final.
The Court of Appeal disagreed, finding the amendment merely alleged an alternative factual scenario for the fall and did not add a new cause of action.
As the order was interlocutory, the appeal was quashed for want of jurisdiction, with costs awarded to the plaintiff.
