Legal News

When can a claim be amended outside the limitation period? (Mulalley & Co v Martlet Homes)

Published on: 27 January 2022
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Article summary

Dispute Resolution analysis: The Court of Appeal has clarified when a claim can be amended outside of the limitation period to address issues raised in a defence. The courts have a discretion to permit new claims (via amended particulars of claim) after the expiry of the limitation period if they arise out of the same, or substantially the same, facts as already in issue in the existing claim. However, the scope of the 'substantially the same facts' test and its application to facts raised in the defence has not been clear. Adopting a broad interpretation of the relevant provisions, the Court of Appeal held that the test applies equally to facts raised in both the claim and the defence. It also confirmed that while there must be a sufficient overlap between facts raised in the defence and those relied upon in the new claim, the overlap does not have to be total for permission to...

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