powered by Lexis^®PSL

Home / Dispute Resolution / Case management / Allocating, transferring and case managing proceedings

Legal News

Amendments where no limitation issues and lifting the automatic stay under CPR 15.11 (Football Association Premier League v O'Donovan)

Amendments where no limitation issues and lifting the automatic stay under CPR 15.11 (Football Association Premier League v O'Donovan)

Published on: 15 February 2017

Published by: LexisPSL

Amendments where no limitation issues and lifting the automatic stay under CPR 15.11 (Football Association Premier League v O'Donovan)
Original News
Practical considerations
Facts
Why did the court agree to lift the automatic stay?
Why did the court permit the amendments?
Case details

Article summary

Dispute Resolution analysis: The Chancery Division has agreed to lift a stay on a claim which had been automatically stayed under CPR 15.11 on grounds that there was an explanation for the delay, the claim had real prospects of success and there was no obvious prejudice to the other party. The court also considered authority on the question of amending a claim to add a new cause of action where limitation was not an issue, and permitted such an amendment, holding that there was nothing in the CPR that prevented this. Sign in or take a trial to read the full analysis.

Popular documents

LEXISNEXIS

Term Loan B facilities

This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This

LEXISNEXIS

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral

LEXISNEXIS

Constructive trusts

Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the

LEXISNEXIS

The tort of deceit

Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the