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03 September 2009 / David Dabbs
Issue: 7383 / Categories: Features , Procedure & practice
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Shutting the stable door

David Dabbs watches statutory time limits passing by

Every good litigator ensures that all causes of action available to the (correct) client are pleaded out and incorporated within the statement of case before the limitation period expires: for the court’s residual discretion to permit an amendment after the expiry of a critical limitation period (CPR Pt 17, r 4) is severely restricted. Once the statutory time limit has expired the court has no discretion to permit an amendment which has the effect of adding a new cause of action or adding/swapping a party who may have known enough to appreciate that he had a cause of action during the limitation period, but let it pass (Limitation Act 1980, s 35). An attempt to amend after expiry would likely be an abuse of process and struck out [CPR Pt 3.4(2)(b)]—a classic case of trying to shut the door after the horse has bolted.
 

Exception
 

The trouble is, every litigator also knows that there is usually at least one exception to every rule; and

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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