Haq v Singh [2001] EWCA Civ 957 (25 May 2001)

Haq v Singh [2001] EWCA Civ 957 (25 May 2001)

Assignment of a cause of action to a former bankrupt does not constitute a change of capacity within the meaning of CPR 17.4(4); therefore, the claimant could not amend her claim to plead the assignment after the expiry of the limitation period.

Citation
[2001] EWCA Civ 957
Parties
Claimant/respondent: Fazilatun Nessa Haq; Defendant/appellant: John Neville Singh
Jurisdiction
England and Wales
Judgment Date
25 May 2001
Procedural Posture
Appeal (civil) / Appeal From Queen's Bench Division on Preliminary Issue Regarding Amendment of Claim After Assignment
Outcome
Appeal allowed. Action dismissed.
Legal Topics
Amendment of Pleadings, Capacity to Sue, Assignment of Causes of Action, Limitation Periods
Civil Procedure Bankruptcy Law Amendment of Pleadings Capacity to Sue Assignment of Causes of Action Limitation Periods

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Parties

Fazilatun Nessa Haq

Claimant/respondent

John Neville Singh

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From Queen's Bench Division on Preliminary Issue Regarding Amendment of Claim After Assignment

Legal Issues

  1. 1 Whether assignment of a cause of action to a former bankrupt constitutes a change of capacity under CPR 17.4(4) permitting amendment after expiry of limitation period
  2. 2 Whether the claimant could amend her claim to plead the assignment and thereby cure her lack of standing

Ratio Decidendi

Assignment of a cause of action to a former bankrupt does not constitute a change of capacity within the meaning of CPR 17.4(4); therefore, the claimant could not amend her claim to plead the assignment after the expiry of the limitation period.

Court Disposition

Appeal allowed. Action dismissed.

Orders

  • Appeal allowed with costs.
  • Action dismissed.