header-logo header-logo

06 March 2026 / Sarah Crowther
Issue: 8152 / Categories: Features , Profession , Limitation , Liability
printer mail-detail

Calling time on substitution

243951

The Court of Appeal has halted the expanding scope for correcting the defendant party after limitation expires, reports Sarah Crowther

  • A ‘mistake’ for the purposes of s 35(6)(a), Limitation Act 1980 means a mistake as to the name of the party, not its identity.
  • A narrow test is applied to s 35(6)(b) when determining what constitutes ‘a claim already made in the original action’.
  • The Court of Appeal was bound by Adelson v Associated Newspapers Ltd, but permission to appeal to the Supreme Court has been granted.

The Court of Appeal has recently overruled the influential obiter comments of Mr Justice Leggatt, as he then was, in Insight Group Ltd v Kingston Smith [2012] EWHC 3644 (QB), halting the increasing generosity afforded to claimants seeking to substitute defendants after expiry of limitation (Adcamp LLP v Office Properties Pl Ltd (in liquidation) and others; BDB Pitmans LLP (now known as Broadfield Law UK LLP) and another company v Lee and another company [2026] EWCA Civ 50).

Background

Office

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Orwins—Maryam Abbasi

Orwins—Maryam Abbasi

Senior associate joins family law team in London

Tees Law—Stephen Williams

Tees Law—Stephen Williams

Firm appoints chief financial officer as it expands Essex office footprint

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
back-to-top-scroll