P & O Nedlloyd BV v Arab Metals Co

Subject Matter

LIMITATION OF ACTION — Contract, breach of — New cause of action — Claimant's claim for breach of bill of lading contract — Application to amend particulars of claim to plead existence of alternative contract — Application to add claims for declarations concerning and for specific performance of alternative contract — Whether claim for declaration new cause of action — Whether six-year limit in contract applicable to claim for specific performance by analogy — Limitation Act 1980, ss 5, 36(1)(b)

[2005] EWHC 1276 (Comm); [2005] 1 WLR 3733; [2006] 1 Lloyd's Rep 111, QBD

PRACTICE — Pleadings — Amendment — Application to amend particulars of claim after expiry of limitation period — Whether new claims arising out of same or substantially same facts as original claims — Whether amendments to be allowed — CPR r 17.4(2)

[2006] EWCA Civ 1300; [2007] 1 WLR 2483; [2007] 2 Lloyd's Rep 148, CA

Commentary

Blackstones Civil Practice 2023
Principles on which Permission is Granted - Traditional approach 31.5

Principles on which Permission is Granted - Choice between the two approaches 31.7

Amendment after a Relevant Limitation Period has Expired - Same or substantially the same facts - The test 31.27