Amending a Claim After the Limitation Period Has Expired

Introduction

Most practitioners acting for claimants will experience that sinking feeling at one stage or another: knowing that their client would benefit from an amendment being made to the claim form or particulars during the case but realising that the limitation period for it has expired.

This webinar will consider when it is possible to amend a claim form and particulars of claim in such circumstances, and when it is not.

Geared both towards encouraging applicants towards maximising their chances of success in having an amendment introduced, while indicating lines of effective resistance for defendants’ advisers, this webinar will be of interest to practitioners in any field of civil litigation, ranging from commercial and financial cases through to personal injury and professional negligence claims.

What You Will Learn

This webinar will cover the following:

• The relationship between section 35 Limitation Act 1980 and CPR 17.4
• Exercising the Court’s discretion
• The doctrine or practice of ‘relation back’
• The distinction between adding a remedy and adding a cause of action
• Relying on another party’s statement of case
• Does a foreign law limitation period count?
• Some recent cases:
• The tricky test of assessing ‘the same facts or substantially the same facts’: Janakarajah v Oxford University Hospitals NHS Trust
• On what basis is the assessment made? Samba Financial Group v Byers
• Matters already in issue: Dacyl-Carr v Vij
• But not in a Reply (Martlet Homes v Mulalley & Co Limited)
• Asking if a new factual enquiry would be required (Portland Stone Firms Limited v Barclays Bank plc)
• The Court’s discretion and the importance of deciding if limitation has expired (Jalla v Royal Dutch Shell plc and DR Jones Yeovil Limited v Drayton Beaumont Services Limited)

This webinar was recorded on 6th January 2022