WELSH DEVELOPMENT AGENCY v REDPATH DORMAN LONG Ltd

(1994) 67 BLR 1

Court of Appeal

Glidewell, Simon Brown and Peter Gibson LJJ

Limitation - Limitation Act 1980, s35(3) - Application to add new cause of action - Date of judgment not application relevant date for purposes of s35(3) - Where leave under s35(1) would assist the plaintiff to avoid a limitation, defence leave to amend should not be given unless the plaintiff can show that the defendant does not have a reasonably arguable case on limitation which will be prejudiced by the new claim