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Amendments and limitation—reaching the limit (Cameron Taylor Consulting Ltd v BDW Trading Ltd)

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Published on: 25 January 2022

Published by a LexisNexis Dispute Resolution expert

Table of contents

What are the practical implications of the case?
What was the background?
Factual background
The issues before the court
What did the court decide?
Case Details

Article summary

Dispute Resolution analysis: This Court of Appeal judgment predominantly concerned the application of CPR 17.4 to amendments of claims in circumstances where the limitation period for the amended claim had potentially expired. The court confirmed that the correct approach when a defendant can show that it is at least reasonably arguable that an amendment may be statute-barred, in this case by way of the 15-year long-stop for negligence actions not involving personal injuries pursuant to section 14B of the Limitation Act 1980 (LA 1980), is for the court not to grant leave to amend. A new claim must be issued instead. Written by David Pliener, barrister at Gatehouse Chambers.

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