Application by the Claimant to amend the Claim Form to reflect the sums now claimed in the Particulars of Claim. This application is resisted upon the basis that with due diligence the claim now put forward could and should have been recognised in the Claim Form. It is said that that not having happened, an inappropriate fee was paid when the proceedings were commenced, with the consequence that the amendment to introduce a new head of claim outside the limitation period should not be allowed.
Roger ter Haar QC DHCJ
[2016] EWHC 1807 (TCC)
Bailii
Litigation Practice, Limitation
Updated: 20 January 2022; Ref: scu.567834