Various Claimants v G4S Plc

Various Claimants v G4S Plc

The addition of claimants after the expiry of the limitation period is not permitted under CPR 17.1, and any such amendments are ineffective. Even if permissible, the defendant is entitled to challenge the amendments under CPR 17.2, and relief from sanctions for late application was granted. The amendments to correct names failed in most cases as they involved changes of identity, not mere mistakes of name, and did not satisfy the requirements of CPR 17.4 or 19.5. The consent requirement under CPR 19.4(4) was not met. Claims relating to pre-2011 statements could not be introduced as they did not arise from substantially the same facts as the original claim. Accordingly, all claimants...

Parties
Claimants: Various Claimants (THE PERSONS IDENTIFIED IN SCHEDULE 1); Defendant: G4S PLC
Jurisdiction
England and Wales
Judgment Date
10 March 2021
Procedural Posture
Civil Financial Services/shareholder Action / Interlocutory Application Ruling on Addition/substitution of Claimants and Amendments After Limitation Period
Outcome
Applications by claimants to amend and add claimants refused; claimants added after 11 July 2019 struck out; most applications to amend names refused; claims relating to pre-2011 statements struck out.
Legal Topics
Amendment of Pleadings, Addition and Substitution of Parties, Limitation Periods, Section 90 a Financial Services and Markets Act 2000, Consent to Joinder, Correction of Party Names
Civil Procedure Limitation of Actions Financial Services Law Amendment of Pleadings Addition and Substitution of Parties Limitation Periods Section 90 a Financial Services and Markets Act 2000 Consent to Joinder +1 more

Case Brief

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Parties

Various Claimants (THE PERSONS IDENTIFIED IN SCHEDULE 1)

Claimants

G4S PLC

Defendant

Procedural Posture

Civil Financial Services/shareholder Action / Interlocutory Application Ruling on Addition/substitution of Claimants and Amendments After Limitation Period

Legal Issues

  1. 1 Whether claimants can be added or substituted after the expiry of the limitation period under CPR 17.1, 17.4, 19.4, and 19.5
  2. 2 Whether amendments to claimant names are permissible after limitation has arguably expired
  3. 3 Whether consent requirements for joinder were satisfied

Ratio Decidendi

The addition of claimants after the expiry of the limitation period is not permitted under CPR 17.1, and any such amendments are ineffective. Even if permissible, the defendant is entitled to challenge the amendments under CPR 17.2, and relief from sanctions for late application was granted. The amendments to correct names failed in most cases as they involved changes of identity, not mere mistakes of name, and did not satisfy the requirements of CPR 17.4 or 19.5. The consent requirement under CPR 19.4(4) was not met. Claims relating to pre-2011 statements could not be introduced as they did not arise from substantially the same facts as the original claim. Accordingly, all claimants...

Court Disposition

Applications by claimants to amend and add claimants refused; claimants added after 11 July 2019 struck out; most applications to amend names refused; claims relating to pre-2011 statements struck out.

Orders

  • All claimants added on or after 11 July 2019 are struck out.
  • Applications to amend names of claimants refused except for one historic change of name (Allianz).