The process of testing whether a new cause of action was proposed by an amendment of pleadings to bring into question application of the Limitation Acts, was conducted by asking at what level of abstraction was it claimed that there were one or two causes. Is a different duty relied upon, the nature and extent of the breach, and what is the group of material facts relied upon.
Citations:
Times 02-Mar-2001, Gazette 20-Apr-2001
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Savings and Investment Bank Ltd (in Liquidation) v Fincken CA 6-Nov-2001
When the court was asked to decide whether a proposed form of amendment to the pleadings would add an issue which was out of time, the court must look to the pleadings before and after the proposed amendment, and the factual issues which would have . .
See Also – Savings and Investment Bank Ltd (In Liquidation) v Fincken CA 14-Nov-2003
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the . .
Lists of cited by and citing cases may be incomplete.
Limitation, Litigation Practice
Updated: 13 April 2022; Ref: scu.89031
