| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 269 (Dec) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Dame Elizabeth Butler-Sloss P, Hale and Keene LJJ |
| Representation | Augustus Ullstein QC (instructed by Alexander Harris, Altrincham) for the claimant. |
| Michael Spencer QC and Prashant Popat (instructed by Davies Arnold Cooper) for SK. | |
| Judgment Dates: | 18 December 2001 |
Catchwords
Practice - Parties - Substitution - Substitution after expiry of limitation period - Claimant having named wrong manufacturer of vaccine as defendant to claim for personal injury - Whether correct defendant could be substituted - ss 11A(3), 35 - CPR 19.5.
The Case
A claimant who had wrongly named one of the three manufacturers of a vaccine as defendant in his claim for personal injury was permitted, under s35 of the and CPR19.5, to substitute the correct manufacturer as defendant outside the ten year period in s11A(3) of the 1980 Act.
Practice Areas
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