Case Alert - [2017] EWCA Civ 1581
Court of Appeal holds that English court can allow addition of a
claim which is time barred by the governing law identified by Rome
I or Rome II
CPR r17.4 gives the English courts jurisdiction to allow the
addition of a new claim to proceedings after the expiry of a time
limit under "(i) the Limitation Act 1980; (ii) the Foreign
Limitation Periods Act 1984; or any other enactment" (if the
new claim arises out of the same (or substantially the same) facts
which are already in issue). The issue in this case is whether CPR
r17.4 applies where a claim is time barred under the governing law
identified by the Rome I or Rome II Regulations.
As mentioned above, CPR r17.4 refers to a limitation period
under the Foreign Limitation Periods Act 1984. That in turn
provides that section 35 of the Limitation Act 1980 (the statutory
provision to which CPRr17.4 gives effect) is disapplied where the
law applicable to limitation is determined by
