Bajwa & Ors v Furini

Bajwa & Ors v Furini

The amendments to the statement of claim were not actually made until 9 May 2003, by which time the limitation period had expired. Section 35(3) of the Limitation Act 1980 prohibits the court from allowing a new claim after the expiry of the limitation period. Therefore, the limitation question must be decided in favour of Mr Bajwa, and the amendments cannot be raised in the rectification action.

Parties
Appellant: Bajwa & Others; Respondent: Furini
Jurisdiction
England and Wales
Judgment Date
02 April 2004
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
appeal allowed
Legal Topics
Amendment of Pleadings, Limitation of Actions, Constructive Trust, Fraud, Rectification of Register
Civil Procedure Property Law Trusts and Estates Amendment of Pleadings Limitation of Actions Constructive Trust Fraud Rectification of Register

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Parties

Bajwa & Others

Appellant

Furini

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Tomlin order precluded the proposed amendments to the statement of claim (construction question)
  2. 2 Whether the proposed amendments were statute-barred under section 35 of the Limitation Act 1980 (limitation question)

Ratio Decidendi

The amendments to the statement of claim were not actually made until 9 May 2003, by which time the limitation period had expired. Section 35(3) of the Limitation Act 1980 prohibits the court from allowing a new claim after the expiry of the limitation period. Therefore, the limitation question must be decided in favour of Mr Bajwa, and the amendments cannot be raised in the rectification action.

Court Disposition

appeal allowed

Orders

  • Question of amendments to be remitted to master
  • No order as to costs in the court below before 14/02/03