This was an application by the defendant to amend its defence and to add a counterclaim. In considering the application, it had to be decided whether the defendant had already served a counterclaim since, if it had not, it was entitled to add the counterclaim. A further consideration was whether the new claims where statute-barred, which involved considering when the period of limitation starts to run for claims based on misrepresentation, recission and for a claim based on a total failure of consideration. The application was allowed with the usual order as to costs so far as the amendment was concerned. The plaintiff was ordered to pay the defendants costs of the hearing, to be taxed if not agreed. The plaintiff was refused leave to appeal.
Citations:
[1998] EWHC Technology 336
Links:
Jurisdiction:
England and Wales
Citing:
See Also – JFS (UK) Limited v South West Water Services Limited TCC 22-Apr-1998
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Cited by:
See Also – JFS (UK) Limited v South West Water Services Limited TCC 22-Apr-1998
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Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 25 March 2022; Ref: scu.136105