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17 July 2009
Issue: 7378 / Categories: Case law , Law digest
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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.

 

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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

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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
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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