Adding late claimants

Adelson and another v Associated Newspapers Ltd QBD TLR 10 May

After the expiry of the libel limitation period, the claimants applied to add a third and fourth claimant to the action. The application was refused on the grounds that two or more new claimants could not be substituted for one original claimant in a claim for libel. It might perhaps be possible in other causes of action. In libel, each claimant has a claim because the defamatory words referred to them. If two new claimants were to stand in place of one original claimant, then at most one of the new claimants could be in substitution. If the number of claimants was to be increased by an amendment made after the expiry of the limitation period, then there had to be an application to add a new claim, or to extend the limitation period. There was no jurisdiction under s35 of the Limitation Act 1980 or CPR rule 19.5 because the joinder of the third and fourth claimants would involve the addition of new claims.