Irwin & Anor v Lynch & Anor

Irwin & Anor v Lynch & Anor

The substitution of the company as claimant is necessary for the determination of the original claim because the administrator lacked standing, but the cause of action is otherwise identical and asserted for the company's benefit. CPR rule 19.5 and section 35 of the Limitation Act 1980 permit such substitution, and the court should exercise its discretion to allow it.

Parties
Appellant: Gerald Irwin; First Respondent: Daniel Bernard Lynch; Second Respondent: Jane Olwyn Lynch
Jurisdiction
England and Wales
Judgment Date
06 October 2010
Procedural Posture
Civil Appeal / Appeal From Chancery Division, Post Judgment
Outcome
appeal allowed
Legal Topics
Joinder and Substitution of Parties, Limitation of Actions, Administrator's Locus Standi, Amendment of Pleadings
Civil Procedure Insolvency Law Joinder and Substitution of Parties Limitation of Actions Administrator's Locus Standi Amendment of Pleadings

Case Brief

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Parties

Gerald Irwin

Appellant

Daniel Bernard Lynch

First Respondent

Jane Olwyn Lynch

Second Respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division, Post Judgment

Legal Issues

  1. 1 Whether CPR rule 19.5 permits substitution of the company as claimant after expiry of the limitation period where the original claimant (administrator) lacked locus standi.
  2. 2 Whether the claim is time-barred under the Limitation Act 1980.
  3. 3 Whether the court has discretion to allow substitution in these circumstances.

Ratio Decidendi

The substitution of the company as claimant is necessary for the determination of the original claim because the administrator lacked standing, but the cause of action is otherwise identical and asserted for the company's benefit. CPR rule 19.5 and section 35 of the Limitation Act 1980 permit such substitution, and the court should exercise its discretion to allow it.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The amendment to substitute the company as claimant is permitted.