Al-Rawas v Hassan Khan & Co (a firm) & Anor [2017] EWCA Civ 42 (01 February 2017)

Al-Rawas v Hassan Khan & Co (a firm) & Anor [2017] EWCA Civ 42 (01 February 2017)

Section 35(3) of the Limitation Act 1980 does not permit a defendant to bring an original set-off or counterclaim after the expiry of the limitation period if it would be time-barred as a separate action; the only benefit is the doctrine of relation back to the date of the original action, not the disapplication of the limitation period.

Citation
[2017] EWCA Civ 42
Parties
Defendant/appellant: Mrs. Iman Said Abdul Aziz Al-Rawas; 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 on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, Counterclaims, Set Off, Construction of Statutes, Amendment of Pleadings
Civil Procedure Limitation Law Limitation Periods Counterclaims Set Off Construction of Statutes Amendment of Pleadings

Case Brief

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Parties

Mrs. Iman Said Abdul Aziz Al-Rawas

Defendant/appellant

Hassan Khan & Co (A Firm)

Claimant/respondent

The Khan Partnership LLP

Claimant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

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 if the counterclaim would be time-barred as a separate action.

Ratio Decidendi

Section 35(3) of the Limitation Act 1980 does not permit a defendant to bring an original set-off or counterclaim after the expiry of the limitation period if it would be time-barred as a separate action; the only benefit is the doctrine of relation back to the date of the original action, not the disapplication of the limitation period.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court judgment affirmed; counterclaims remain struck out as time-barred.