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In brief: Should a claimant be allowed to amend its own claim form and particulars after limitation has expired (Rosgosstrakh Ltd v Yapi Kredi Finansal Kiralama AO)?

In brief: Should a claimant be allowed to amend its own claim form and particulars after limitation has expired (Rosgosstrakh Ltd v Yapi Kredi Finansal Kiralama AO)?
Published on: 21 December 2017
Published by: LexisPSL
  • In brief: Should a claimant be allowed to amend its own claim form and particulars after limitation has expired (Rosgosstrakh Ltd v Yapi Kredi Finansal Kiralama AO)?
  • What are the practical implications of this case?
  • What was the case about?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution Analysis: Professor Dominic Regan of City Law School, London, considers the case Rosgosstrakh Ltd v Yapi Kredi Finansal Kiralama AO. The claimant got its own name wrong on a claim form and accompanying particulars. It was an insurer, and it had issued a protection and indemnity policy in respect of a vessel owned and managed respectively by the first and second defendants. When the vessel later sunk, the claimant paid out $1.55m. It subsequently sought to set aside the policy on grounds of material non-disclosure and issued these proceedings to recoup the outlay and secure a declaration of non-liability for any other losses that might be claimed. or take a trial to read the full analysis.

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