Practical Law

Under CPR 17.4(2), the court may allow an amendment to add or substitute an otherwise time-barred new claim but only if the new claim arises out of the same or substantially the same facts as an existing claim in proceedings. In Libyan Investment Authority and others v King and others, the Court of Appeal held … Continue reading Leaving the claim form “hanging by a thread”: struck out pleadings and out of time amendments →

The facts In 2006, Swynson Ltd proposed to lend £15m to finance a management buy-out. It instructed Lowick Rose LLP (then called Hurst, Morrison Thomson (HMT)) to carry out due diligence on the target company. HMT did so negligently. But for its negligence, the loan would not have been made.