Yorkshire RHA v Fairclough Building Ltd and another
Yorkshire RHA v Fairclough Building Ltd and another
- 1996
- All England Law Reports (1996) 1 All ER, 519-531(9) .
CA 1 November 1995. The court below had allowed Y`s application to join the NHS trust who had taken over buildings it had had constructed by F, in order to carry on proceedings against F and T (a firm of architects) for defects (ABS51698). T appealed, contending that RSC Order 15 - under which Y`s application was granted - did not apply, since the Limitation Act 1980 provided no `new claim` (defined to include substitution of a new party) could be made in the course of proceedings after the expiry of the limitation period. Appeal dismissed - substitution of the trust for the plaintiff was not a `new claim` under s35 of the 1980 Act, therefore expiry of limitation period need not be considered.
LIMITATION ACT 1980
LIMITATION PERIOD
RSC ORDER 15
YORKSHIRE RHA V FAIRCLOUGH BUILDING LTD AND ANOTHER
CA 1 November 1995. The court below had allowed Y`s application to join the NHS trust who had taken over buildings it had had constructed by F, in order to carry on proceedings against F and T (a firm of architects) for defects (ABS51698). T appealed, contending that RSC Order 15 - under which Y`s application was granted - did not apply, since the Limitation Act 1980 provided no `new claim` (defined to include substitution of a new party) could be made in the course of proceedings after the expiry of the limitation period. Appeal dismissed - substitution of the trust for the plaintiff was not a `new claim` under s35 of the 1980 Act, therefore expiry of limitation period need not be considered.
LIMITATION ACT 1980
LIMITATION PERIOD
RSC ORDER 15
YORKSHIRE RHA V FAIRCLOUGH BUILDING LTD AND ANOTHER