Evans v CIG Mon Cymru Ltd

Evans v CIG Mon Cymru Ltd

Permission to appeal is granted because there is an arguable point of principle as to whether a claim form that is defective as to the nature of the claim but is clarified by the particulars and supporting documents served within the limitation period can be amended after the limitation period without rendering the claim out of time.

Parties
Appellant: Evans; Respondent: Cig Mon Cymru Ltd
Jurisdiction
England and Wales
Judgment Date
08 August 2007
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Limitation Period, Amendment of Claim Form, Personal Injury Claims, Abuse of Process
Civil Procedure Personal Injury Limitation Period Amendment of Claim Form Personal Injury Claims Abuse of Process

Case Brief

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Parties

Evans

Appellant

Cig Mon Cymru Ltd

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether an amendment to a claim form after the limitation period to correct the nature of the claim is permissible when the particulars and supporting documents clarify the intended claim.
  2. 2 Whether the claim is out of time under the Limitation Act 1980 when the claim form is defective but the particulars and medical report clarify the claim.

Ratio Decidendi

Permission to appeal is granted because there is an arguable point of principle as to whether a claim form that is defective as to the nature of the claim but is clarified by the particulars and supporting documents served within the limitation period can be amended after the limitation period without rendering the claim out of time.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted.