Source: All England Reporter
Publisher Citation: [2002] All ER (D) 384 (Mar)
Neutral Citation: [2002] EWCA Civ 369
Court: Court of Appeal, Civil Division

Ward, Chadwick and Mance LJJ

Representation Joe Smouha (instructed by Holman, Fenwick & Willan) for the claimants.
  Richard Millett (instructed by Howe & Keates) for the defendant.
Judgment Dates: 25 March 2002


Statement of claim - Amendment - Right to amend - Claimant making demand under bond - Defendant refusing to pay - Claimant issuing proceedings for non-payment under bond - Defendant serving defence alleging demand incorrectly made - Claimant correcting demand - Claimant serving reply to defence alleging either original or later demand good for payment - Particulars of claim not being amended until after expiration of contractual limitation period - Whether amendment taking place at law within contractual limitation period - CPR 3.10, CPR PD 16, para 10.2.

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