Irwin and Another v Lynch and Another: CA 6 Oct 2010

The court considered an appeal against an order allowing an amendment outside the limitation period which would
Lloyd, Wilson, Gross LJJ
[2010] EWCA Civ 1153, [2011] Bus LR 504, [2011] BPIR 158, [2011] 1 WLR 1364
Civil Procedure Rules 19.5, Limitation Act 1980 35
England and Wales
CitedKent and Others (Liquidators of La Banque Ville-Marie) v La Communautu Des Soeurs De Charitu De La Providence and Others PC 20-Mar-1903
(Quebec) The liquidators of a bank had sued on a cause of action vested in the bank. The Canadian courts had refused leave to amend to add the bank as a plaintiff on appeal.
Held: The liquidators’ appeal succeeded. There was power to amend to . .
CitedParkinson Engineering Services Plc v Swan and Another CA 21-Dec-2009
The court considered the scope of the court’s power to permit an amendment as regards parties outside a limitation period. The amendment in this instance was to substitute one claimant in place of another, namely the liquidator of a company instead . .

Cited by:
CitedNemeti and Others v Sabre Insurance Co Ltd CA 3-Dec-2013
The court considered the power of courts to allow substitution of a new party after the expiration of the limitation period. . .

These lists may be incomplete.
Updated: 28 February 2021; Ref: scu.425552