When a party seeks to add a new defendant by the amendment of a writ, that amended writ must be served within the applicable limitation period. For limitation purposes the assured’s cause of action arose at the date of the CTL casualty, that a notice of abandonment was not an essential ingredient of that cause of action but rather a notification of an election between two alternative quantums of damage.
Hirst J
[1993] 1 Lloyd’s Rep 137, Times 26-Aug-1992
England and Wales
Cited by:
Cited – Kastor Navigation Co Ltd and Another v AGF M A T and others (‘Kastor Too’) ComC 4-Dec-2002
The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the vessel was beyond repair when she sank, and was therefore . .
These lists may be incomplete.
Updated: 07 July 2021; Ref: scu.251754
