The claimant had been made bankrupt, and when she sued the defendant, was challenged as to her standing. She obtained an assignment of the right of action from her trustee in bankruptcy. She then sought to amend her pleadings under the rule. It was held that ‘capacity’ in this context required some alteration from one representative capacity to another. Here the alteration was not in fact a change in capacity, and accordingly she could not use the rule as a basis for amending her pleadings.
Times 10-Jul-2001,  EWCA Civ 957,  1 WLR 1594
Civil Procedure Rules 17.4(4)
England and Wales
Cited – Roberts 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 . .
 WLR (D) 130,  UKSC 22,  PNLR 30,  WTLR 1223,  2 WLR 1227,  AC 240
These lists may be incomplete.
Updated: 18 December 2020; Ref: scu.81224