What makes a claim a ‘new claim’ as defined in section 35(2) of the Limitation Act 1980 is not the newness of the case according to the type or quantum of the remedy claimed, but the newness of the cause of action that it involves. A cause of action is a set of facts that enable one person to obtain a remedy from another; as opposed to a form of action used as a convenient and succinct description of a particular category of factual situation.
Judges:
Auld, Hale and Dyson LJJ
Citations:
[2003] EWCA Civ 1882
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd ChD 16-Feb-2006
The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of . .
Cited – Dowson and Others v Northumbria Police QBD 30-Apr-2009
Nine police officers claimed damages for alleged harassment under the 1997 Act by a senior officer in having bullied them and ordered them to carry out unlawful procedures. Amendments were sought which were alleged to be out of time and to have . .
Lists of cited by and citing cases may be incomplete.
Construction, Limitation, Litigation Practice
Updated: 19 October 2022; Ref: scu.191208
