Chandra & Anor v Brooke North (a firm) & Anor [2013] EWCA Civ 1559 (05 December 2013)

Chandra & Anor v Brooke North (a firm) & Anor [2013] EWCA Civ 1559 (05 December 2013)

The amendments to the particulars of claim raised new causes of action after expiry of the limitation period, did not arise out of the same or substantially the same facts, and the defendants had a properly arguable limitation defence. Therefore, permission to amend should not have been given, and any order allowing such amendments must be set aside.

Citation
[2013] EWCA Civ 1559
Parties
Claimant/respondent: Mr Bala Chandra; Claimant/respondent: Mrs Maria Chandra; Claimant/respondent: BPC Hotels Limited; Defendant/appellant: Brooke North (A Firm); Defendant/appellant: Brooke North LLP
Jurisdiction
England and Wales
Judgment Date
05 December 2013
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (queen's Bench Division)
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Limitation Periods, Solicitors' Negligence, Section 14 a Limitation Act 1980, Section 35 Limitation Act 1980, Civil Procedure Rules (cpr), Relation Back of Claims
Civil Procedure Professional Negligence Limitation Amendment of Pleadings Limitation Periods Solicitors' Negligence Section 14 a Limitation Act 1980 Section 35 Limitation Act 1980 +2 more

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Parties

Mr Bala Chandra

Claimant/respondent

Mrs Maria Chandra

Claimant/respondent

BPC Hotels Limited

Claimant/respondent

Brooke North (A Firm)

Defendant/appellant

Brooke North LLP

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether amendments to particulars of claim raised new causes of action after expiry of the limitation period
  2. 2 Whether amendments could be justified as falling within the scope of the original claim forms
  3. 3 Whether the claimants had the requisite knowledge under section 14A of the Limitation Act 1980 to bring the new claims within time

Ratio Decidendi

The amendments to the particulars of claim raised new causes of action after expiry of the limitation period, did not arise out of the same or substantially the same facts, and the defendants had a properly arguable limitation defence. Therefore, permission to amend should not have been given, and any order allowing such amendments must be set aside.

Court Disposition

Appeal allowed

Orders

  • Claimants' applications to amend and re-amend particulars of claim refused
  • Any order permitting such amendments set aside