Source: All England Reporter
Publisher Citation: [2001] All ER (D) 70 (Nov)
Court: Court of Appeal, Civil Division
Judge:

Peter Gibson, Robert Walker and Keene LJJ
Representation Elizabeth Gloster QC and David Ashton (instructed by D J Freeman) for the appellant.
  Adrian Francis (instructed by Radcliffes) for the respondent.
Judgment Dates: 6 November 2001

Catchwords

Pleading - Amendment - Leave to amend after expiry of limitation period - Claimant claiming for breach of warranty of disclosure and fraudulent misrepresentation - Claimant seeking to add further undisclosed asset to statement of claim after expiry of limitation period - Whether addition of further undisclosed asset constituting a new claim - s 35.

The Case

Where an application was made after the expiry of a limitation period to amend a statement of claim that claimed breach of warranty and fraudulent misrepresentation to include a further undisclosed asset, that amendment would not be a new cause of action for the purposes of the where it was merely a further particular of the breach or further example of the falsity of the representation.

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