Limitation—amendments to statements of case, set-offs and counterclaims

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Limitation—amendments to statements of case, set-offs and counterclaims
  • Amendments to statements of case
  • Changing the capacity in which a party claims
  • Correcting the name of a party after the end of a relevant limitation period
  • Adding or substituting a party after the end of a relevant limitation period
  • Adding or substituting a new cause of action after the end of a relevant limitation period
  • Court's options when determining an amendment application to introduce a new cause of action raising limitation issues
  • Dealing with the matter as a conventional amendment application
  • Directing the issue of limitation be determined as a preliminary issue
  • The ‘Mastercard’ basis of amendment
  • More...

Limitation—amendments to statements of case, set-offs and counterclaims

For general guidance on the computation of limitation periods, as well as more specific details on limitation under the Limitation Act 1980 (LA 1980) for the key types of claims, see Practice Notes:

  1. Limitation Act 1980—general application

  2. Limitation—the principal limitation periods

See also Practice Notes: Amending a statement of case—introduction and costs and Amending a statement of case—permission to amend for general information on amending statements of case when limitation is not in issue.

Amendments to statements of case

If a period of limitation has expired under LA 1980 and a party applies for permission to amend their statement of case, the court can allow the amendment if:

  1. it changes the capacity in which a party claims, if the new capacity is one which that party had when the claim started or has since acquired (CPR 17.4(4))

  2. it corrects a mistake as to the name of the party where there has been a genuine mistake that did not cause doubt about the identity of the party (CPR 17.4(3))

  3. the addition or substitution of a new party is necessary (CPR 19.5 and LA 1980, s 35(5)(b))

  4. it adds or substitutes a new claim, provided that the new claim arises out of the 'same or substantially the same facts’ as the original claim (CPR 17.4(2) and LA 1980, s 35(5)(a))

Even if falling

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