Procedure – RSC Order 20 r.5 – amendment with leave – mistake – mistake as to identity of person intending to sue – mistake as to name of that party – distinction – Procedure- RSC Order 20 r.5(3) – amendment with leave – discretion – RSC Order 6 r.8(1) – validity of writ – 4 months – RSC Order 11 r.1(1) – leave to serve outside jurisdiction – validity of writ – 6 months – admiralty action in personam – RSC Order 75 r.4(4) – exclusion of RSC Order 11 r.1(2) -meaning – Procedure – privilege – deployment of court material otherwise privileged – principles – application at interlocutory stage – fairness – disclosure of part of privileged document – waiver of privilege with respect to other parts – Procedure – substitution of parties – RSC Order 15 r.7 – outside limitation period
A new party can be added outside the limitation period for that party if the writ was served within time. An interest can be transferred from one party to another if the time limit is relevant. In all situations of such ‘everyday occurrences as death of one or other party, bankruptcy leading to assignment to a trustee in bankruptcy, assignment, transmission or devolution of interest … of which death was only the most striking, it seemed self-evident both that any existing proceedings, properly constituted within the limitation period, should be allowed to continue for or against the party to whom the relevant right or obligation had been transferred in law; and that that should be permitted whether the transfer occurred before or after the expiry of the limitation period. The underlying rationale of limitation periods, to protect against stale claims which should have been brought earlier, had no application to this type of case.’
Judges:
Mance J
Citations:
Ind Summary 04-Sep-1995, Times 08-Aug-1995, [1996] 1 WLR 774, [1996] 1 All ER 114, [1995] 2 Lloyd’s Rep 608
Statutes:
Rules of the Supreme Court Order 15 r7
Jurisdiction:
England and Wales
Cited by:
Cited – Pharmedica GMBH’s Trade Mark Application ChD 2000
The tribunal was asked whether an assignee of a trademark should be substituted in existing opposition proceedings for the assignor. The assignment had taken place after the proceedings had begun.
Held: A tribunal has an inherent power to . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Limitation
Updated: 08 April 2022; Ref: scu.82324