Court of Appeal allows "new claim" after expiry of limitation period

In Evans v CIG Mon Cymru Ltd [2008] EWCA Civ 390, the Court of Appeal held that there are limited circumstances when the court may allow the amendment of a claim form to add or substitute a new claim after the expiry of the relevant limitation period even if the new claim does not arise out of the same facts as the existing claim. The question which must be asked is what is the purpose of any proposed amendment. Where it is to correct an error which is obvious on the face of the pleaded case as a whole, as opposed to an amendment to raise a new cause of action, the court may allow the amendment.

It appears to be the first time that the courts have found that such an amendment is not necessarily barred by CPR 17.4.