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18 October 2007
Issue: 7293 / Categories: Case law , Law digest
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Civil Litigation

O’Byrne v Aventis Pasteur SA [2007] EWCA Civ 939, [2007] All ER (D) 114 (Oct)

Section 35(6) of the Limitation Act 1980 provides that the addition or substitution of a new party cannot be regarded as necessary unless:

(i) there was a relevant mistake; or

(ii) an existing claim against the original party could not be maintained without the joinder or substitution of the new party. Thus, if there was either a mistake of a kind sufficient to satisfy (i) or the kind of necessity identified in (ii), then the test of necessity in s 35(5) is satisfied, but not otherwise. A party may therefore be substituted under s 35 where the 10-year limitation period for making a claim for damages caused by a defective product has expired, even where the correct party was known to the claimant before the limitation period expired, if the claimant had made a mistake about the name of the defendant and substitution was necessary for the purpose of determining the original
 action.

Issue: 7293 / Categories: Case law , Law digest
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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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