Amending a Claim After Expiry of the Limitation Period - Webinar

Introduction

Most practitioners acting for claimants will come to understand this feeling: knowing that their client would benefit from an amendment being made to the claim form or particulars of claim but realising that the limitation period for it has expired.

This webinar will consider when it is possible to amend a claim form and the particulars of claim in such circumstances.

Geared towards both encouraging applicants into considering whether a ‘late amendment’ will be allowed, 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 construction, personal injury and professional negligence claims.

What You Will Learn

This webinar will cover the following:

• The idea of ‘relation back’
• Section 35 of the Limitation Act 1980
• Establishing if the defendant has a ‘reasonably arguable limitation defence’ so as to prevent the proposed amendment (an issue last seen in Viegas v Cutrale)
• Does a foreign limitation period count?
• The impact of the recent amendments to CPR 17.4(2)
• The discretion exercised by the court
• Some recent cases concerning
• Precision in assessing if the new claim arises from ‘the same facts or substantially the same facts’: Samba Financial Group v Byers
• The four-stage test in Martlet Homes v Mulalley & Co Limited in the Court of Appeal
• And how it was applied in Trump v Orbis Business Intelligence
• The elasticity of ‘a sufficiently connected’ investigation (DR Jones Yeovil Limited v Drayton Beaumont Services Limited)
• An unsuccessful second attempt (Guo v Kinder)
• New parties (Tintometer v Pitmans)
• Unpleaded claims (Charles Russell Speechlys v Beneficial House (Birmingham))