‘issues as to the application of CPR 17.4 and CPR 19.5 concerned, respectively, with amendments and the substitution of parties following the possible expiry of a relevant limitation period. The first part of the appeal concerns the approach which the court should take in circumstances where a claimant contends that the constraints to its pleaded claim which it proposes will allow for all the defendant’s limitation arguments. The second part of the appeal concerns the nature and extent of the analysis that the court should undertake on an application to substitute one defendant company in the same group for another, where it is said that the original company was named by mistake.’
Judges:
Lord Justice Coulson
Lord Justice Males
And
Lady Justice Whipple
Citations:
[2022] EWCA Civ 31
Links:
Statutes:
Civil Procedure Rules 17.4 19.5
Jurisdiction:
England and Wales
Civil Procedure Rules, Limitation
Updated: 05 February 2022; Ref: scu.671572