The Weekly Law Reports
[2017] 1 WLR 2301
Court of Appeal
*Hassan Khan & Co and another v Al-Rawas
Hassan Khan & Co and another v Al-Shanfari
[2017] EWCA Civ 42
2016 July 7;
2017 Feb 1
Elias, Sharp LJJ, Green J
Limitation of action— New claim in pending action— Original set-off or counterclaim— Defendant seeking to bring counterclaim which would have become statute-barred before date of original action if brought by way of separate action— Whether defendant entitled to bring counterclaim as of right— Whether counterclaim statute-barred—
Limitation Act 1980 (c 58), s 35(3)