- Permission to amend introducing new claims cannot be given following a complete strike-out (Libyan Investment Authority v King)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The Court of Appeal has made clear that previously struck out pleadings do not provide a comparator for determining whether a new claim can be said to arise out of similar facts under section 35 of the Limitation Act 1980 (LA 1980) and CPR 17.4. A decision which had granted permission to amend pleadings, introducing new claims after the expiry of the relevant limitation period and where the earlier particulars of claim had been struck out entirely, was overturned on that basis. Written by Phillip Patterson, barrister, Hardwicke.
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