Turning the clock back

A recent Court of Appeal decision[1] in a pensions' dispute provides a reminder of circumstances in which the English courts will allow a statement of case to be amended to bring a new claim which would otherwise be time barred.

Generally under English law once a limitation period has expired it is not possible to bring a new claim that is "out of time".  However, under civil procedure rule 17.4 (giving effect to section 35 of the Limitation Act 1980), the English court may in certain circumstances grant permission for a statement of case to be amended to introduce a new cause of action which would otherwise be time barred.  The Court of Appeal's decision in Mercer Ltd and another v Ballinger and another provides a useful reminder of the threshold that needs to be met in order to gain such permission.  For the full facts of the case and case comment, please click here.