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Claimant allowed to amend value of claim after limitation expired

26 July 2016
The case of Glenluce Fishing Co Ltd (G) v Waterman Ltd (W) has shown the court allowing the claimant to amend the value of claim outside of limitation.

G brought a claim for breach of contract and in order to protect their position, issued proceedings close to the limitation period expiring and valued its claim around £69,000. Three months after the limitation period expired, G produced particulars of claim increasing the value of the claim to around £169,000.

W refused to consent to the increased value alleging that the amendment introduced a new head of claim outside the limitation period and sought to extend the principles in the cases of Page, Bhatti and Lewis suggesting that the proposed amendment was an abuse of the court’s process.

Roger Ter Haar QC held that the new particulars only dealt with the existing heads of claim and did not introduce a new claim. It therefore did not prejudice W’s position. G’s application was therefore granted.

Even though this case has shown that particulars of claim can be amended in certain circumstances after the expiry of the limitation period, should parties need to issue proceedings to protectively full consideration should be given to all heads of claim and the value of those claims prior to issue to prevent applications such as this.

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