Security Industry Authority v Josoemag Services Ltd & Ors

Security Industry Authority v Josoemag Services Ltd & Ors

Permission to amend the claim form was properly granted because there was no risk of relation back prejudice to the SIA, the amendments arose from substantially the same facts as the original claim, and the limitation period under the HRA is not fixed but may be extended. The court has discretion to allow amendments under CPR 17.1(2)(b) where no limitation defence is adversely affected by relation back.

Parties
Appellant (defendant): Security Industry Authority; Respondent (claimant): Josoemag Services Limited; Respondent (claimant): Emmanuel Olanrewaju Joshua; Respondent (claimant): Korede Abiodun Joshua
Jurisdiction
England and Wales
Judgment Date
06 June 2025
Procedural Posture
Appeal / Judgment on Appeal Against Order Granting Permission to Amend Claim Form
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Limitation Periods, Relation Back Doctrine, Discrimination, Regulatory Investigations
Human Rights Civil Procedure Regulatory Law Amendment of Pleadings Limitation Periods Relation Back Doctrine Discrimination Regulatory Investigations

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Parties

Security Industry Authority

Appellant (defendant)

Josoemag Services Limited

Respondent (claimant)

Emmanuel Olanrewaju Joshua

Respondent (claimant)

Korede Abiodun Joshua

Respondent (claimant)

Procedural Posture

Appeal / Judgment on Appeal Against Order Granting Permission to Amend Claim Form

Legal Issues

  1. 1 Whether permission to amend the claim form to add new claims under articles 6, 8, and 14 ECHR should be granted after expiry of the limitation period under section 7(5) HRA
  2. 2 Whether the amendments arise out of the same or substantially the same facts as the original claim
  3. 3 Whether relation back prejudice applies under CPR 17.4 and Limitation Act 1980

Ratio Decidendi

Permission to amend the claim form was properly granted because there was no risk of relation back prejudice to the SIA, the amendments arose from substantially the same facts as the original claim, and the limitation period under the HRA is not fixed but may be extended. The court has discretion to allow amendments under CPR 17.1(2)(b) where no limitation defence is adversely affected by relation back.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend claim form granted as per Master Gidden's order
  • SIA to file defence by 31 July 2024