Source: All England Reporter
Publisher Citation: [2002] All ER (D) 27 (Nov)
Court: Chancery Division

Ferris J

Representation Geraint Jones QC (instructed by Darwin Grey, Cardiff) for the claimant.
  Andrew Macnab (instructed by Henmans) for the defendant.
Judgment Dates: 4 November 2002


Practice and procedure - Statement of claim - Amendment after expiry of limitation period - New cause of action - Principles to be applied.

The Case

On the claimant's application for permission to amend its statement of case against the defendant firm in a negligence action, the court decided that certain of the particulars of claim raised new claims and could not be permitted as they were caught by the prohibition in s35(3) of the but it allowed amendments relating to damages, as in the light of established authority, it was right that those amendments should be made in such cases.

Practice Areas

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