- Amending pleadings after the limitation period has expired (Samba Financial Group v Byers)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Dispute Resolution analysis: The Court of Appeal held that a new constructive trust claim, raised by the applicants in their amended claim, did not arise out of substantially the same facts as were already in issue pursuant to the existing claim. The court held that, when considering whether a new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings, in the vast majority of cases what is ‘in issue’ in an existing claim will usually be determined by examination of the pleadings alone. The Court of Appeal therefore overturned the order of the High Court which had allowed the respondents permission to amend its case outside of the limitation period. By Clifford Woodroffe, partner at Lee Bolton Monier-Williams.
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