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A cautionary tale of amendments to pleadings and limitation (Jalla v Royal Dutch Shell plc)

A cautionary tale of amendments to pleadings and limitation (Jalla v Royal Dutch Shell plc)
Published on: 06 March 2020
Published by: LexisPSL
  • A cautionary tale of amendments to pleadings and limitation (Jalla v Royal Dutch Shell plc)
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Article summary

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. or take a trial to read the full analysis.

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