The defendants appealed a judgment giving the claimants possession of their property under a charge. The first defendant had been refused leave to amend his defence to argue a limitation point. The second defendant claimed she had been inveigled into signing the charge by the bank manager.
Held: The first defendant should have been given leave to amend his defence. Difficulties in the rules could deny justice to a defendant, and the court could use its discretion to extend the limitation period. Appeal allowed.
Judges:
Lord Justice Evans And Mr Justice Wilson
Citations:
[1997] EWCA Civ 3065
Jurisdiction:
England and Wales
Citing:
Cited – Welsh Development Agency v Redpath Dorman Long Ltd CA 4-Apr-1994
A new claim was not deemed to have been made until the pleading was actually amended for limitation purposes, and should not be allowed after the limitation period had expired. The date of the application for leave to amend was not at issue. The . .
Lists of cited by and citing cases may be incomplete.
Limitation
Updated: 13 November 2022; Ref: scu.143464