Source: All England Reporter
Publisher Citation: [2001] All ER (D) 320 (Feb)
Court: Queen's Bench Division

Bell J

Representation Augustus Ulstein QC (instructed by Alexander Harris) for the claimant.
  Michael Spencer QC and Prashant Popat (instructed by Davies Arnold Cooper) for Smithkline Beecham Plc.
Judgment Dates: 26 February 2001


Limitation of Action - Period of limitation - Claim for damages - Claimant bringing action against pharmaceutical company - Claimant's solicitors mistakenly bringing action against wrong company - Claimant seeking order to substitute correct defendant - Defendant contending claimant making application out of time - Whether claimant's action brought out of time - ss 11A(3), 11A(4), 35, - CPR 19.5 - .

The Case

Where a party sought to substitute a defendant during existing proceedings because he was out of time for bringing fresh proceedings in respect of the correct defendant, under the it was too simple an approach to say that once the had operated to extinguish a right of action, there could be no right to pursue it, despite an express provision made by Parliament elsewhere in the same Act.

Practice Areas

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