1 Apr 2009
HOLDEN V THEATRELIGHT ELECTRONIC AND AUDIO SYSTEMS LTD AND ANOR HC AK CIV 2006-404-3782
- Citation
- openlaw-a27fe808_ff89_4d41_9a14_a36f69bae871.pdf
- Court
- High Court
Section 4(1)(d) of the Limitation Act 1950 does not apply to s174 Companies Act 1993 claims because s174 creates a general discretionary equitable remedy extending beyond actions to recover sums recoverable by virtue of an enactment; additionally, even if s4(1)(d) could apply, leave to amend was refused on discretionary grounds because of delay, proximity of trial and prejudice to the plaintiff requiring re-focussed valuation evidence.