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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll