Davies v Elsby Brothers Ltd: CA 1961

The writ was issued within the limitation period for the claim against ‘Elsby Brothers (a firm)’. In fact, the firm’s business had been taken over by Elsby Brothers Ltd before the proceedings had been issued. By the time the plaintiff applied for leave to amend the writ to change the name of the defendant, the limitation period had expired.
Held: The amendment involved the addition of a new defendant, and was not merely the correction of a misnomer. Accordingly, following long established rule of practice the court held that the amendment should not be allowed.

Citations:

[1961] 1 WLR 170

Jurisdiction:

England and Wales

Cited by:

CitedParsons and Another v George and Another CA 13-Jul-2004
The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time.
Held: . .
CitedRoberts 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.

Litigation Practice, Limitation

Updated: 29 May 2022; Ref: scu.200225