- Adding parties after expiry of limitation and amending names to correct mistakes (Various Claimants v G4S)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- The limitation position
- The addition of claimants
- Strike out
- Alternative reasoning
- Consent to joinder
- Conclusion on added claimants
- Misdescribed claimants
- Case details
Dispute Resolution analysis: The court struck out a series of amendments which sought to add a number of new claimants to an existing action in circumstances where the addition of those parties was sought, and the amendments were made, after expiration of the limitation period but before service of the claim form. The court similarly refused to allow the amendment of the names of the claimants (with the exception of one) in the same circumstances, there being real doubt as to the identity of the original claimants in the first place. The court also considered the correct route by which a defendant could seek the removal of any parties incorrectly added to the claim, and how consent to addition as a claimant falls to be signified for the purposes of CPR 19.4(4). Written by Christopher Snell, barrister at New Square Chambers.
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