- In brief: Court of Appeal affirms limitation bar on additional claim (Mastercard Inc v Deutsche Bahn AG)
- Original news
- What should Dispute Resolution lawyers take note of?
- What is the legal position regarding amendment and limitation?
- What was this case about?
- What did the court decide?
Dispute Resolution analysis: David Willink, barrister at Lamb Chambers, considers the case of Mastercard Inc & Ors v Deutsche Bahn AG & Ors  EWCA Civ 272. In this appeal the Court of Appeal considered the application of the test of whether a new claim ‘arises out the same facts or substantially the same facts as are already in issue’ for the purposes of section 35 of the Limitation Act 1980 and CPR 17.4(2). In doing so, the Court of Appeal overturned the High Court’s decision that it did and therefore refused to apply the ‘relation back’ principle to the new claim.
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