Lockheed Martin Corp v Willis Group Ltd

Lockheed Martin Corp v Willis Group Ltd

Permission to appeal was refused because Lockheed failed to establish a proper cause of action against Willis Group Ltd, the proposed substituted defendant. Without a viable claim against Group, substitution was not necessary under CPR 19.5(3)(b), and thus the court had no jurisdiction to allow the amendment after expiry of the limitation period.

Parties
Applicant: Lockheed Martin Corporation; Respondent: Willis Group Ltd
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Limitation of Actions, Substitution of Parties, Professional Negligence, Amendment of Pleadings
Civil Procedure Limitation of Actions Substitution of Parties Professional Negligence Amendment of Pleadings

Case Brief

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Parties

Lockheed Martin Corporation

Applicant

Willis Group Ltd

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the court should permit substitution of a defendant under CPR 19.5 after expiry of the limitation period on the ground of mistake
  2. 2 Whether the applicant demonstrated a genuine and causally relevant mistake in naming the original defendant
  3. 3 Whether the requirement of necessity under CPR 19.5(3)(b) was satisfied

Ratio Decidendi

Permission to appeal was refused because Lockheed failed to establish a proper cause of action against Willis Group Ltd, the proposed substituted defendant. Without a viable claim against Group, substitution was not necessary under CPR 19.5(3)(b), and thus the court had no jurisdiction to allow the amendment after expiry of the limitation period.

Court Disposition

Application for permission to appeal refused