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17 March 2011 / Janna Purdie , Ruth Pratt
Issue: 7457 / Categories: Features , LexisPSL
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DR terminology

Janna Purdie & Ruth Pratt look at “causes of action” & go back to basics

Litigation is littered with terminology but how often do we stop to think about what these terms mean and how they impact on the strategy we adopt in a case?

In a recent Court of Appeal judgment Longmore LJ found himself going back to basics to explain a “cause of action”, perhaps one of the most pivotal terms in litigation (Berezovsky v Abramovich [2011] EWCA Civ 153, [2011] All ER (D) 253 (Feb)).

Mr Abramovich had taken issue with amendments proposed by Mr Berezovsky on the basis they constituted new claims and were time barred by s 35 of the Limitation Act 1980 (the Act). Longmore LJ gave the leading judgment with which LJJ Stanley Burnton and Laws agreed.

While one might think it would be a straightforward exercise to determine whether amendments constituted a new claim, that is not how it was approached in this case. Longmore LJ noted he was not persuaded by Mr Abramovich’s “rather

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Constantine Law—Anita Vadgama

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New senior partner hire at consultant-led employment / regulatory law firm

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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