Abbey National Plc v John Perry & Co & Ors [2001] EWCA Civ 1630 (24 October 2001)

Abbey National Plc v John Perry & Co & Ors [2001] EWCA Civ 1630 (24 October 2001)

The amendments to the statement of claim did not introduce a new cause of action but merely clarified or amplified the existing claim for breach of trust; even if a new cause of action was pleaded, it arose out of substantially the same facts as originally pleaded, and thus the amendments were permissible under section 35 of the Limitation Act 1980 and CPR Part 17.4.

Citation
[2001] EWCA Civ 1630
Parties
Claimant/respondent: Abbey National Plc; Defendants/appellants: John Perry & Co and Others
Jurisdiction
England and Wales
Judgment Date
24 October 2001
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Limitation of Actions, Breach of Trust, Solicitors' Duties, Mortgage Fraud
Civil Procedure Trusts Law Professional Negligence Amendment of Pleadings Limitation of Actions Breach of Trust Solicitors' Duties Mortgage Fraud

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Parties

Abbey National Plc

Claimant/respondent

John Perry & Co and Others

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the proposed amendments to the statement of claim introduced a new cause of action
  2. 2 Whether any new cause of action arose out of the same or substantially the same facts as originally pleaded
  3. 3 Whether the amendments should be permitted under section 35 of the Limitation Act 1980 and CPR Part 17.4

Ratio Decidendi

The amendments to the statement of claim did not introduce a new cause of action but merely clarified or amplified the existing claim for breach of trust; even if a new cause of action was pleaded, it arose out of substantially the same facts as originally pleaded, and thus the amendments were permissible under section 35 of the Limitation Act 1980 and CPR Part 17.4.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to the respondent, summarily assessed at £15,000 plus VAT.
  • Abbey National permitted to serve its reply containing the proposed allegations.