Where a claim had been made for possession of property under a legal charge, but no claim had been made for financial relief, and a later claim for such relief was made through an amended claim, the loss of the possible defence of limitation was a factor but not a determining one. The claim arose from facts which had already been sufficiently particularised in the pleadings, and was allowed.
Gazette 28-Jul-1999,  EWCA Civ 1874, (1999) 3 EGLR 83
England and Wales
Approved – Savings and Investment Bank Ltd (in Liquidation) v Fincken CA 6-Nov-2001
When the court was asked to decide whether a proposed form of amendment to the pleadings would add an issue which was out of time, the court must look to the pleadings before and after the proposed amendment, and the factual issues which would have . .
Cited – Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd ChD 16-Feb-2006
The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.146789