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Amendments fall foul of limitation period
  • Gowling WLG
  • United Kingdom
  • February 28 2013

The courts will not allow a claim which would otherwise be statute barred to be introduced by way of amendment to an existing claim, or counterclaim


Administration orders and limitation periods
  • Gowling WLG
  • United Kingdom
  • October 21 2010

When a company goes into administration, time does not stop running against its creditors' claims for the purposes of the Limitation Act 1980.


Get the parties' names right
  • Gowling WLG
  • United Kingdom
  • May 19 2010

It is essential that claims are brought by the correct party.


Report and review on recent cases and issues
  • Gowling WLG
  • United Kingdom
  • March 24 2010

Can a defendant be a claimant under Part 36?


Service provisions
  • Gowling WLG
  • United Kingdom
  • August 20 2009

A solicitor's fax number on its headed notepaper of itself should not be taken as confirmation that service of a claim form can take place by fax.


Survival of the guarantee
  • Gowling WLG
  • United Kingdom
  • August 20 2009

A varied guarantee increasing the guarantors' liability could not be relied upon where it had not been executed.


Assignment of debt defeated by payment
  • Gowling WLG
  • United Kingdom
  • April 27 2009

Where a judgment debt is assigned, the party to whom it is assigned can have no better claim than the party assigning it.


Limitation period and consumer credit agreements
  • Gowling WLG
  • United Kingdom
  • March 23 2009

The limitation period for an action to reopen a consumer credit agreement as an extortionate credit bargain is 12 years from the date of the agreement.