P & O Nedlloyd BV v Arab Metals Co & Ors [2005] EWHC 1276 (Comm) (22 June 2005)

P & O Nedlloyd BV v Arab Metals Co & Ors [2005] EWHC 1276 (Comm) (22 June 2005)

All proposed amendments are time-barred under the Limitation Act 1980 and do not arise out of the same or substantially the same facts as the original claims; court has no jurisdiction to allow the amendments.

Citation
[2005] EWHC 1276 (Comm)
Parties
Claimant: P & O Nedlloyd BV; Defendant: Arab Metals Co; Defendant: Others
Jurisdiction
England and Wales
Judgment Date
22 June 2005
Procedural Posture
Commercial Court Application to Amend Particulars of Claim / Ruling on Application to Amend Pleadings
Outcome
Application dismissed
Legal Topics
Limitation of Actions, Amendment of Pleadings, Specific Performance, Declaratory Relief, Indemnity, Damages, Radioactive Waste, Bill of Lading
Commercial Law Contract Law Shipping Law Limitation of Actions Amendment of Pleadings Specific Performance Declaratory Relief Indemnity +3 more

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Parties

P & O Nedlloyd BV

Claimant

Arab Metals Co

Defendant

Others

Defendant

Procedural Posture

Commercial Court Application to Amend Particulars of Claim / Ruling on Application to Amend Pleadings

Legal Issues

  1. 1 Whether proposed amendments to the Particulars of Claim are time-barred under the Limitation Act 1980
  2. 2 Whether the new claims arise out of the same or substantially the same facts as the original claims under CPR 17.4(2)
  3. 3 Whether the court should exercise discretion to allow the amendments

Ratio Decidendi

All proposed amendments are time-barred under the Limitation Act 1980 and do not arise out of the same or substantially the same facts as the original claims; court has no jurisdiction to allow the amendments.

Court Disposition

Application dismissed

Orders

  • Application to amend Particulars of Claim refused
  • Case management directions to be given for future prosecution of proceedings