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 arisen from different facts.
Held: Amendments were allowed where they arose from the facts and events already pleaded. Those rasing other issues which were now out of time were rejected.
Coulson J
[2009] EWHC 907 (QB)
Bailii
Protection From Harassment Act 1997, Limitation Act 1980
England and Wales
Citing:
Cited – Brookfield Properties Limited v Newton 1971
An allegation of negligence against an architect in the design of a building arose out of the same or substantially the same facts as an allegation of negligence against him in respect of the supervision of the construction of the same building, so . .
Cited – Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited CA 21-Jul-1998
Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. . .
Cited – The Convergence Group Plc and Another v Chantrey Vellacott (a Firm) CA 16-Mar-2005
An accountant sought payment of his professional fees. The defendants had sought to re-amend their defence and counterclaim. Appeals had variously been allowed to go ahead or denied after the master had not been able to deal with all of them for . .
Cited – Hughes and others (By Their Litigation Friend) v Richards (Trading As Colin Richards and Co ) CA 9-Mar-2004
Parents and their children claimed against a tax adviser for negligence in relation to setting up an offshore trust. The defendant applied to strike out the children’s claim on the basis that the defendant owed them no duty of care and only the . .
Cited – Palmer (Administratrix of the Estate of Rose Frances Palmer) v Tees Health Authority and Hartlepool and East Durham NHS Trust CA 2-Jun-1999
A claim for damages on behalf of a murdered child’s estate and the child’s mother for psychiatric damage against a health authority for negligence in having failed to manage a psychiatric outpatient who had abducted and murdered the child, was bound . .
Cited – Cobbold v London Borough of Greenwich CA 9-Aug-1999
The tenant had sought an order against the council landlord for failure to repair her dwelling. The defendant appealed refusal of leave to amend the pleadings in anticipation of the trial, now due to start on the following day.
Held: Leave was . .
Cited – Aldi Stores Ltd v Holmes Buildings Plc CA 1-Dec-2003
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 . .
Cited – Savings and Investment Bank Ltd (In Liquidation) v Fincken CA 14-Nov-2003
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the . .
Cited – Harris v Bolt Burdon (A Firm) CA 2-Feb-2000
A case is suitable for striking out which raises an unwinnable case, where continuance of the proceedings is without any possible benefit and would waste resources on both sides. . .
Cited – Senior and Another v Pearson and Ward (A Firm) CA 26-Jan-2001
An amendment outside the limitation period against solicitors alleging a failure to advise was permitted, where the original allegation was simply that the solicitors had acted without or in disregard of instructions. . .
Cited – E D and F Man Liquid Products Ltd v Patel and Another CA 4-Apr-2003
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success.
Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of . .
Cited – Hoechst United Kingdom Ltd v Inland Revenue ChD 11-Apr-2003
If an amendment to a pleading proposes a new claim which does not arise out of the same or substantially the same facts, the court has no discretion and may not allow the amendment. . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Limitation, Litigation Practice
Updated: 31 October 2021; Ref: scu.341875
