header-logo header-logo

DR terminology

17 March 2011 / Janna Purdie , Ruth Pratt
Issue: 7457 / Categories: Features , LexisPSL
printer mail-detail

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

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

NLJ Career Profile: Mike Wilson, Blake Morgan

NLJ Career Profile: Mike Wilson, Blake Morgan

Mike Wilson, managing partner of Blake Morgan chair of the CBI’s South-East Council, reflects on his career the challenges that have defined him

Clarke Willmott—Alexandria Kittlety

Clarke Willmott—Alexandria Kittlety

Partner joins commercial property team in Birmingham

Birketts—Will MacFarlane & Sarah Dodds

Birketts—Will MacFarlane & Sarah Dodds

Family team expands with double appointment in Bristol office

NEWS
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
The Law Society has urged regulators not to ban the term ‘no win no fee’, as the profession contemplates measures to prevent a disaster like the SSB Group collapse from happening again
The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
back-to-top-scroll