The claimant sought to add the name of a further claimant. The defendant objected, saying that it was after the expiry of the limitation period.
Held: The claimant was seeking to use the rules for substitution of parties to add a party. In defamation law, the claim of each claimant was a single and separate cause of action. Substitution should only be used where a party was under a misapprehension as to the material facts. Whilst it might not be impossible to make such an order in a case like this case, the nature of the error did not allow the exercise of the discretion.
Judges:
Lord Phillips CJ, Jacob LJ, Moses LJ
Citations:
[2007] EWCA Civ 701, Times 18-Jul-2007, [2007] 4 All ER 330
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd CA 17-Feb-2005
The defendant appealed an order adding two new claimants.
Held: Cases decided under the old RSC were not apposite for matters covered by the new Civil Procedure Rules. The court was not bound by the Sardinia Sulcis rules: ‘The Sardinia Sulcis . .
Cited – Ingram v Little 27-Jul-1960
Two ladies had a car for sale. A buyer came along. He fooled them into believing him to be someone else, and they sold him the car, after checking the name in the telephone directory. Before the cheque bounced, the rogue sold the car to the . .
Cited – International Bulk Shipping and Services Ltd v President of India and Another CA 11-Dec-1995
Actions to enforce arbitration awards were brought, each in the name of a ship-owning company. At the time of the arbitrations the assets of each company had vested in a trustee in bankruptcy appointed under New York law, but the trustee had . .
Cited – Evans Construction Co Ltd v Charrington and Co Ltd CA 1983
The tenant sought a new lease and served a notice. The notice named the former landlord not the current landlord.
Held: Order 20 could be used to correct the name where the error was a mere mistaken description of the correct party, but not a . .
Cited – Yorkshire Regional Health Authority v Fairclough Building Ltd and Another CA 16-Nov-1995
The substitution of a successor party to a claim does not constitute a new claim for limitation purposes. Millett LJ considered the objects of the 1980 Act: ‘The 1980 Act was enacted in order to implement the recommendations of the Twenty-First . .
Cited – The Al Tawwab CA 1991
The ship ‘Sardinia Sulcis’ collided with the ‘Al Tawwab’. The charterers of the latter paid damages and so were subrogated to the owners’ rights against the owners of the Al Tawwab. They brought proceedings in rem in the name of ‘the Owners of the . .
Cited – Horne-Roberts (a Child) v Smithkline Beecham plc and Another CA 18-Dec-2001
The court has a power to order substitution of a party though the limitation period, and even the ‘long stop’ limitation period had expired. The claimant child sought damages after a vaccination. The batch had been attributed to the wrong . .
See Also – Adelson and Another v Associated Newspapers Ltd QBD 1-May-2007
. .
Cited by:
Cited – Hamilton and others v Allied Domecq Plc (Scotland) HL 11-Jul-2007
The pursuers had been shareholders in a company which sold spring water. The defenders took shares in the company in return for promises as to the promotion and distribution of the bottled water. The pursuers said that they had failed to promote it . .
See Also – Adelson and Another v Associated Newspapers Ltd QBD 19-Dec-2007
Applications were launched with in defamation proceedings to seek to recover damages for parties who had not previously been part of the proceedings.
Held: The amendments were refused. The new claimants were now out of time, and it was clear . .
See Also – Adelson and Another v Associated Newspapers QBD 19-Feb-2008
Complaint was made that an article was defamatory of the owner of Manchester United. The defendant now argued that the game was not worth the candle. The costs vastly exceeded any possible recovery, and it had openly offered vindication, and that . .
Lists of cited by and citing cases may be incomplete.
Defamation, Limitation
Updated: 11 July 2022; Ref: scu.254498