Samuels v Walker: CA 16 May 1997

The plaintiff had been a passenger in a car, and sought damages from the car driver, from an injury occurring as the car crashed. Proceedings were not begun within the three year limit. The proceedings were begun on the basis of an implausible version of events which he had agreed with the defendant shortly after the accident. Upon instructing solicitors, he sought leave to amend his particulars to assert the correct version of events. The judge disallowed the amendment, based upon his abusive conduct.
Held: He should be given leave to appeal that order. It was arguable that that consideration of his conduct was not relevant under the Limitation Act.


[1997] EWCA Civ 1715


Limitation Act 1980


England and Wales


Updated: 25 May 2022; Ref: scu.142111