header-logo header-logo

26 July 2007
Issue: 7283 / Categories: Case law , Law digest
printer mail-detail

CIVIL LITIGATION

Adelson v Associated Newspapers Ltd [2007] EWCA Civ 701, [2007] All ER (D) 117 (Jul)

There is no reason in principle why permission should not be given both to substitute a claimant under CPR 19.5 and to add new claims that fall within CPR 17.4(3).

However, it is not permissible to rely upon the new claims in order to assist in demonstrating that the action was brought in the name of the wrong party. It is clear from the language of CPR 19.5(3)(a) that the person who made the mistake has to be the person responsible—directly or through an agent—for the issue of the claim form.

He has to be able to demonstrate that, had the mistake not been made, the new party would have been named in the pleading. The nature of the mistake has to be about the name of the party rather than the identity of the party. The mistake has to be a genuine one, one that is not misleading, one that is not such as to cause reasonable doubt as to the person intending to sue, and it must be just to allow the amendment.

Issue: 7283 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll