P & O Nedlloyd BV v Arab Metals Co & Ors
All proposed new claims 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; therefore, the court has no jurisdiction to permit the amendments and the application is dismissed.
- Parties
- Claimant: P & O Nedlloyd BV; Defendant: Arab Metals Co; Defendant: Second Defendant; Defendant: Third Defendant
- Jurisdiction
- England and Wales
- Judgment Date
- 22 June 2005
- Procedural Posture
- Commercial / Application to Amend Particulars of Claim
- Outcome
- Application dismissed
- Legal Topics
- Limitation of Actions, Amendment of Pleadings, Specific Performance, Declaratory Relief, Indemnity, Damages
Case Brief
Summary, issues, holding and outcome
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Parties
P & O Nedlloyd BV
Claimant
Arab Metals Co
Defendant
Second Defendant
Defendant
Third Defendant
Defendant
Procedural Posture
Commercial / Application to Amend Particulars of Claim
Legal Issues
- 1 Whether proposed amendments to particulars of claim are time-barred under Limitation Act 1980
- 2 Whether new claims arise out of the same or substantially the same facts as the original claims under CPR 17.4(2)
- 3 Whether the court has jurisdiction to allow the amendments
Ratio Decidendi
All proposed new claims 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; therefore, the court has no jurisdiction to permit the amendments and the application is dismissed.
Court Disposition
Application dismissed
Orders
- Permission to amend particulars of claim refused
- Case management directions to be given for future prosecution of proceedings
Full Case Text
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