Hassan Khan & Co v Al-Rawas

Subject Matter

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)

[2017] EWCA Civ 42; [2017] 1 WLR 2301; [2017] WLR (D) 64, CA

Appellate History

Commentary

Blackstones Civil Practice 2023
Addition and Substitution of Parties - Addition or substitution of a party after the expiry of the limitation period 14.88

Amendment after a Relevant Limitation Period has Expired - Original set-off or counterclaim 31.25