Finlan v Winfield: ChD 2007

Blackburne J said that when considering an application to amend particulars of claim outside the limitation period: ‘the court should not confine itself to a comparison of the new cause of action with the existing cause of action at the highest level of abstraction – ie, at those facts, and no more, which the claimant must prove to entitle himself to relief – but rather at the whole range of facts which are likely to be adduced at the trial even though many of them may not be essential to the establishment of the claimant’s cause of action’

Judges:

Blackburne J

Citations:

[2007] EWHC 914 (Ch)

Cited by:

CitedParker and Another v SJ Berwin and Co and Another QBD 17-Dec-2008
The claimants sought damages from their former solicitors. They set out to purchase a football club, expending substantial sums for the purpose, relying on the defendants’ promised provision of service in finding and arranging the funding. They said . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 18 May 2022; Ref: scu.278873