Source: All England Reporter
Publisher Citation: [2005] All ER (D) 315 (Nov)
Neutral Citation: [2005] EWHC 2554 (Comm)
Court: Queen's Bench Division (Commercial Court)
Judge:

Colman J

Representation Andrew Popplewell QC, Roger Masefield and Fionn Pilbrow (instructed by Herbert Smith) for the claimant.
  Thomas Weitzman QC and Peter Ratcliffe (instructed by Simmons and Simmons) for the defendants.
Judgment Dates: 16 November 2005

Catchwords

Pleading - Amendment - Leave to amend after expiry of limitation period - Foreign defendant - Contract governed by foreign law - Limitation period under foreign law expiring - Whether leave to amend should be given.

The Case

A proposed amendment to the claim against a foreign defendant would not be permitted, as it would be time-barred under Illinois law, which was the law of the agreement under which the action was to be brought.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.