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Roger James Weston v (1) John Gribben (2) Foreign & Commonwealth Office [2006] EWCA Civ 1425

A convenient way to determine whether an amendment to the particulars of claim outside of the limitation period could be justified pursuant to r 19.5(3) of the CPR was to ask whether the identity of the claimant could be changed without significantly altering the nature of the claim. In the instant case, the amendments required would have been too substantial.

10 November 2006

The appellant (W) appealed against a decision that limited the basis upon which another party (G) could be added to its claim against the second respondent foreign and commonwealth office (F) and F cross-appealed against a decision to allow G to be joined as an additional claimant in the proceedings. W was the sole administrator of G, and G was the legal owner of a property in Spain. W had alleged that, as part of a fraudulent scheme to remove him from office and sell the property, certificates had been prepared and were purportedly signed by W as confirmation that he had ceased to hold office as administrator for G. That purported signature was notarised by the first respondent (N) in London, even though he was only authorised to act in Scotland and that, in turn, was confirmed by the issue of an apostille by F. As a result of the authorisation of those documents, the property was sold and was out of W’s control. W brought proceedings against N and F for damages for the loss of t...

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