- Amendment to correct mistake as to party name after limitation period expired (Best Friends Group v Barclays Bank Plc)
- What are the practical implications of this case?
- What was the background?
- What did the Court of Appeal decide?
- Case details
Dispute Resolution analysis: Judge Phillips, sitting in the Mercantile Court, dismissed an application by the claimant to amend the claim form, after expiry of the limitation period, to correct the name of the claimant. On appeal the Court of Appeal confirmed that, as provided in CPR 17.4(3), where there is a genuine mistake as to the name of a party—and not one which would cause reasonable doubt as to the identity of the party in question—the judge has discretion to allow the amendment. However, the Court of Appeal reiterated that in its ordinary course as appellate court, it would not disturb such a discretionary case management decision of a first instance judge. Written by Cecilia Xu Lindsey, barrister and arbitrator at 9 Stone Buildings.
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