Widgery LJ said: ‘Again, I think that it would only complicate matters if I attempted to deal with the facts, but one thing is perfectly clear, namely, that in the view of Megaw J. the fact that in certain cases under Order 20 rule 5, amendments were to be permitted although the statutory period had run did not mean that in general there was any relaxation of the principle formerly applying under Weldon v. Neal(4); I respectfully agree with that approach. I find it very difficult to think that, when specific exemption is made in paragraphs (3),(4) and (5) of Order 20 rule 5 in cases where the statute has run, it is then legitimate to interpret the rule as making similar provision available and similar excuses available in cases which are not within the precise terms of those three paragraphs.’
Judges:
Widgery LJ
Citations:
[1969] 1 WLR 1533
Jurisdiction:
England and Wales
Cited by:
Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.
Limitation, Litigation Practice
Updated: 23 June 2022; Ref: scu.415956