The plaintiff sought an additional averment (unsuccessfully objected to as constituting the addition of a new cause of action) to plead that the first plaintiff sued as equitable assignee of the benefit of a contract made with the defendant (the contract itself having been pleaded in the original claim).
Held: Holroyd Pearce LJ explained the concept of a ‘new cause of action’ as meaning ‘a new claim made on a new basis.’
References:  1 WLR 520,  2 All ER 24
Judges: Holroyd Pearce, and Harman LJJ
Jurisdiction: England and Wales
This case is cited by:
- Applied – Red Sea Insurance Co Ltd v Bouygues SA and Others 1993
Hong Kong . .
( 2 HKLR 161)
- Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
( WLR (D) 130, , ,  UKSC 22, , , ,  PNLR 30,  WTLR 1223,  2 WLR 1227,  AC 240)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.416015