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Amendment after expiry of limitation period
Practical Law UK Legal Update Case Report 3-383-5478 (Approx. 5 pages)
Amendment after expiry of limitation period
by PLC Dispute Resolution
In S P Manweb plc v Bechtel Water Technology Ltd and ors [2008] EWHC 2270 (TCC), applications were brought, after the expiry of the limitation period, to correct the names of certain parties pursuant to CPR 17.4 and/or CPR 19.5. HH Judge Raynor QC (sitting as a High Court judge) granted the applications. He held that there had been a genuine mistake as to the nomenclature of the proper parties, and that to refuse the application would confer an unjust windfall on the defendants.
The judgment contains helpful analysis of which types of application should be brought pursuant to CPR 17.4 and which pursuant to CPR 19.5, and also illustrates the factors relevant at the discretion stage.
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Resource ID 3-383-5478© 2024 Thomson Reuters. All rights reserved.
Published on 01-Oct-2008
Resource Type Legal update: case report
Jurisdictions
Related Content- England
- Wales