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06 March 2026
Issue: 8152 / Categories: Legal News , Procedure & practice , Limitation , Liability
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NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

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The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

The claimants had sued the wrong firm, wrongly assuming liabilities had transferred. By the time they sought to correct the error, time was up. The court, bound by Adelson, confirmed a ‘mistake’ under s 35(6)(a) means a mistake as to name, not identity, and s 35(6)(b) cannot rescue what Parliament excluded.

The message is blunt: ‘assumptions about successor practices’ are no substitute for suing the right entity in time.

Permission to appeal has been granted—but for now, defendants can breathe easier.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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