header-logo header-logo

17 July 2009
Issue: 7378 / Categories: Case law , Law digest
printer mail-detail

Practice

Harland & Wolff Pension Trustees Ltd v Aon Consulting Financial Services Ltd [2009] EWHC 1557 (Ch); [2009] All ER (D) 64 (Jul)

The meaning of a new claim within r 17.4 of the CPR was clearly the same thing as a new claim within the meaning of s 35(2) of the Limitation Act 1980 and so envisaged the addition of a new cause of action. However, the term ‘cause of action’ could mean different things in different contexts.

The proposition that, in the case of a negligence claim, the introduction of a new head of loss did not involve the introduction of a new cause of action, was correct provided that the substance of the new claim could be pleaded simply as a consequence of the facts originally pleaded. The new claim did not arise out of the facts on which the original claim was based if, in order to prove it, new facts had to be added.

 

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

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll