The Mayor and Burgesses of the London Borough of Croydon v Oasis Community Learning

The Mayor and Burgesses of the London Borough of Croydon v Oasis Community Learning

The proposed amendment seeks to introduce a new cause of action relating to a different decision and process than previously pleaded, requiring a distinct factual enquiry. It does not arise from the same or substantially the same facts as the existing claim and is reasonably arguable to be outside the applicable limitation period. Therefore, permission to amend is refused.

Parties
Claimant: The Mayor and Burgesses of the London Borough of Croydon; Defendant: Oasis Community Learning
Jurisdiction
England and Wales
Judgment Date
04 January 2023
Procedural Posture
Civil / Application to Amend Defence and Counterclaim
Outcome
Application to amend dismissed (except to extent consented by claimant)
Legal Topics
Amendment of Pleadings, Limitation Periods, Fiduciary Duties, Public Law Duties, Local Government Pension Scheme, Counterclaims
Pensions Civil Procedure Trusts and Fiduciary Law Amendment of Pleadings Limitation Periods Fiduciary Duties Public Law Duties Local Government Pension Scheme +1 more

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Parties

The Mayor and Burgesses of the London Borough of Croydon

Claimant

Oasis Community Learning

Defendant

Procedural Posture

Civil / Application to Amend Defence and Counterclaim

Legal Issues

  1. 1 Whether the defendant's proposed amendment to the defence and counterclaim is time-barred under the Limitation Act 1980
  2. 2 Whether the amendment introduces a new cause of action
  3. 3 Whether the new cause of action arises out of the same or substantially the same facts as the existing claim

Ratio Decidendi

The proposed amendment seeks to introduce a new cause of action relating to a different decision and process than previously pleaded, requiring a distinct factual enquiry. It does not arise from the same or substantially the same facts as the existing claim and is reasonably arguable to be outside the applicable limitation period. Therefore, permission to amend is refused.

Court Disposition

Application to amend dismissed (except to extent consented by claimant)

Orders

  • Application to amend refused except as consented by claimant
  • Defendant may issue new claim if desired, subject to limitation arguments