Extending limitation period

Giles v Rhind [2008] EWCA Civ 118; CA TLR 25 March

The defendant appealed against an order permitting the claimant to amend his particulars of claim in an action concerning a transaction alleged to fall within the Insolvency Act 1986 s423. The claimant commenced proceedings on 27 January 2006 alleging that a deed executed in 1998 was a transaction to defraud creditors under s423 of the 1986 Act. By an application to amend made on 24 January 2007, the claimant sought to introduce a case that the deed was in fact executed in 1992 or 1994. The effect of the judge’s order was that by virtue of the Limitation Act 1980 s32, the new claim could be added to the claims in the existing proceedings even though it arose before 24 January 1995 and therefore fell outside the applicable 12-year limitation period.