Zea Star Shipping Co SA v. Parley Augustsson (Invest) A/S (The Border Zea) - Q.B.D. (Sheen J.) - 12 December 1983

Claim for failure to pay instalments of hire when due - Whether Statement of Claim may be amended to add claim for further instalments falling due after writ issued

The plaintiff shipowners brought proceedings against the time charterers alleging failures to pay hire as and when due. The plaintiffs issued a summons seeking leave to amend the statement of claim by adding a claim for two further instalments of hire which had fallen due since the writ was issued and which had not been paid. In respect of the hire alleged to have fallen due since the issue of the writ the plaintiffs had no cause of action vested in them at the date of the issue of the writ. The only question which arose was whether the statement of claim could be amended so as to include a cause of action which had not accrued to the plaintiff on the date when the writ was issued.