The Insight Group Ltd and Another v Kingston Smith (A Firm): QBD 18 Dec 2012

If a claim is mistakenly brought against an LLP which should have been brought against the former partnership, and before the error is recognised the limitation period for starting a new action has expired, can the error be corrected by substituting the former partnership for the LLP as the defendant to the claim? That is the principal question raised by this appeal.

Judges:

Leggatt J

Citations:

[2012] EWHC 3644 (QB), [2013] 3 All ER 518, [2013] 1 CLC 90, [2014] 1 WLR 1448, [2013] PNLR 13

Links:

Bailii

Statutes:

Limited Liability Partnerships Act 2000

Jurisdiction:

England and Wales

Limitation, Litigation Practice, Company, Legal Professions

Updated: 22 November 2022; Ref: scu.467167