16 Dec 2016
ALLEN & OVERY (A FIRM) AND ANOTHER v. BEIJING TONG GANG DA SHENG TRADE CO LTD
- Citation
- ALLEN & OVERY (A FIRM) AND ANOTHER v. BEIJING TONG GANG DA SHENG TRADE CO LTD
- Court
- Court of Final Appeal
- Case number
- FACV3/2016
The joinder/substitution of GBRE constituted a new claim under s 35 because GBRE was a new party at the time of the application and the amendment was made after the relevant limitation period had expired; the joinder did not fall within the Order 15 r 7 exception (no succession of interest) and Order 20 r 5(3) did not apply because the mistake was about the legal validity of the assignment rather than an error of name/identity; therefore the amendment was barred by s 35 and the defendants' appeals were allowed.