Al-Rawas v Hassan Khan & Co (a firm) & Anor

Al-Rawas v Hassan Khan & Co (a firm) & Anor

Section 35(3) of the Limitation Act 1980 does not permit a defendant to bring an original counterclaim after the expiry of the limitation period; such claims only benefit from relation back to the date of the original action, and the primary limitation periods remain applicable.

Parties
Defendant/appellant: Mrs. Iman Said Abdul Aziz Al-Rawas; Defendant/appellant: Mr. Thamer Al-Shanfari; Claimant/respondent: Hassan Khan & Co (A Firm); Claimant/respondent: The Khan Partnership LLP
Jurisdiction
England and Wales
Judgment Date
01 February 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Limitation Act 1980 Section 35, Counterclaims, Set Off, Doctrine of Relation Back, Amendment of Pleadings
Civil Procedure Limitation of Actions Limitation Act 1980 Section 35 Counterclaims Set Off Doctrine of Relation Back Amendment of Pleadings

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Parties

Mrs. Iman Said Abdul Aziz Al-Rawas

Defendant/appellant

Mr. Thamer Al-Shanfari

Defendant/appellant

Hassan Khan & Co (A Firm)

Claimant/respondent

The Khan Partnership LLP

Claimant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 35(3) of the Limitation Act 1980 allows a defendant to bring an original counterclaim after the expiry of the limitation period
  2. 2 Interpretation of 'other than an original set-off or counterclaim' in section 35(3)

Ratio Decidendi

Section 35(3) of the Limitation Act 1980 does not permit a defendant to bring an original counterclaim after the expiry of the limitation period; such claims only benefit from relation back to the date of the original action, and the primary limitation periods remain applicable.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The judgment of Elisabeth Laing J is upheld.