The Grace - Q.B.D. (Adm.Ct.) (Sheen J.) - 1 July 1982

Whether writ may be amended to substitute new party after expiry of limitation period

The plaintiffs had issued a writ in personam against a company which the plaintiffs genuinely but mistakenly thought were the owners of the vessel Grace , which had been involved in a collision. By the time the plaintiffs realisd their mistake; the limitation period vis-…-vis the correct shipowning company had expired. The plaintiffs applied to amend the writ by substituting the name of the correct company for that of the company originally named as defendants.