A positive averment by defendant short of a claim for relief did not constitute a ‘claim’ under the section, and the judge had jurisdiction to allow a later amendment claiming relief as an original counterclaim. It was not barred either under RSC 20 (5)
Citations:
Gazette 14-Oct-1998, [1998] EWCA Civ 1443, [1999] 1 WLR 231
Links:
Statutes:
Limitation Act 1980 35(3), Rules of the Supreme Court Ord 20 r(5)(1)
Jurisdiction:
England and Wales
Citing:
See Also – JFS (UK) Limited (Previously Johnson Filtration Systems Limited), USF Surface Preparations Limited (Previously Tilghman Wheelabrator Limited) v Dwr Cymru Cyf TCC 14-Jan-1999
Contract. Contract for erection of water treatment works. Whether still in force in relation to a new site when planning permission for original site refused. Effect of express term: ‘Should planning permission be refused and the Works moved to an . .
App4eal from – JFS (UK) Limited v South West Water Services Limited TCC 22-Apr-1998
. .
Cited by:
See Also – JFS (UK) Limited (Previously Johnson Filtration Systems Limited), USF Surface Preparations Limited (Previously Tilghman Wheelabrator Limited) v Dwr Cymru Cyf TCC 14-Jan-1999
Contract. Contract for erection of water treatment works. Whether still in force in relation to a new site when planning permission for original site refused. Effect of express term: ‘Should planning permission be refused and the Works moved to an . .
Appealed to – JFS (UK) Limited v South West Water Services Limited TCC 22-Apr-1998
. .
Lists of cited by and citing cases may be incomplete.
Limitation
Updated: 25 November 2022; Ref: scu.144922