- A cautionary tale of amendments to pleadings and limitation (Jalla v Royal Dutch Shell plc)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The important issue of amendments to pleadings, when limitation may have expired, was considered in depth in this wide-ranging judgment. This case provides guidance to practitioners as to the appropriate procedural route to adopt when amending pleadings against a backdrop of limitation issues. Further, it stresses that an amending party cannot confidently assume that an amendment will be allowed with limitation issues being held over for consideration at a later substantive hearing. Instead, Stuart-Smith J held that, when it properly can, a court should address the issue on the amendment application. This may be particularly critical in the context of representative litigation. Written by Angharad Parry, barrister, at Twenty Essex.
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