Barrow v Cosignia Plc

Barrow v Cosignia Plc

The amendments to the particulars of claim in the first action amounted to new causes of action that were time-barred and could not be allowed. However, due to the overlap of factual issues between the first and second actions and the need for a fair trial, it was equitable to exercise discretion under section 33 of the Limitation Act 1980 to allow the second action to proceed out of time.

Parties
Claimant/respondent: Gary Barrow; Defendant/appellant: Cosignia PLC (formerly known as the Post Office)
Jurisdiction
England and Wales
Judgment Date
18 February 2003
Procedural Posture
Civil Appeal / Appeal From High Court (liverpool County Court) to Court of Appeal
Outcome
Appeal allowed; cross-appeal allowed; no order as to costs of the appeal; order of the District Judge on costs restored; costs order of Judge Marshall-Evans reversed; case to be expedited.
Legal Topics
Amendment of Pleadings, Limitation Periods, Causation, Mitigation of Loss, Discretion Under Limitation Act
Tort Law Limitation of Actions Amendment of Pleadings Limitation Periods Causation Mitigation of Loss Discretion Under Limitation Act

Case Brief

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Parties

Gary Barrow

Claimant/respondent

Cosignia PLC (formerly known as the Post Office)

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (liverpool County Court) to Court of Appeal

Legal Issues

  1. 1 Whether amendments to particulars of claim constituted a new cause of action barred by limitation
  2. 2 Whether the court should exercise discretion under section 33 of the Limitation Act 1980 to allow the second action to proceed out of time
  3. 3 Whether post-accident conduct by the employer could be pleaded as aggravation of injury or as a new breach of duty

Ratio Decidendi

The amendments to the particulars of claim in the first action amounted to new causes of action that were time-barred and could not be allowed. However, due to the overlap of factual issues between the first and second actions and the need for a fair trial, it was equitable to exercise discretion under section 33 of the Limitation Act 1980 to allow the second action to proceed out of time.

Court Disposition

Appeal allowed; cross-appeal allowed; no order as to costs of the appeal; order of the District Judge on costs restored; costs order of Judge Marshall-Evans reversed; case to be expedited.

Orders

  • Appeal allowed in relation to the first action; order of Deputy District Judge restored.
  • Cross-appeal allowed; section 33 discretion exercised to allow the second action to proceed out of time.