Power of substitution

Lockheed Martin Corporation v Willis Group Ltd [2010] EWCA Civ 927, TLR 4 October

In an application to substitute a party under s35(6)(a) of the Limitation Act 1980 and CPR rule 19.5(3)(a), the claimant has to satisfy the court that the original party was named in mistake for the new defendant. The mistake had to be causally relevant. But for the mistake the new party would have been named. There is no further formal jurisdictional requirement that the mistake was not misleading to the other party or did not cause reasonable doubt as to the identity of the party intended to be sued.