Court discretion on amendments after limitation: CPR 17.4 and 19.6, LA 1980 s35—illustrative case summaries pre-May 2025 (England and Wales) [Archived]

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Practice notes

ARCHIVED : This Practice Note has been archived and is not maintained.

This archived Practice Note is not maintained or kept under review. It outlines a series of illustrative decisions issued before May 2025 concerning the court’s discretion to allow amendments to parties and statements of case after a limitation period has expired across the reported case law. It cites section 35 of the Limitation Act 1980 (LA 1980) and pertinent provisions of the Civil Procedure Rules (CPR), in particular, but not limited to, CPR 17.4 and CPR 19.6, and concentrates on cases likely to interest a dispute resolution practitioner. For concise summaries of illustrative decisions relating to LA 1980 dated after May 2025, where relevant and applicable, see also Practice Note: Limitation—illustrative decisions. For guidance on when a court may permit amendments to a party’s statement of case once the relevant limitation period has expired (or may have expired), see Practice Notes:

Limitation—amendments to statements of case, set-offs and counterclaims
Limitation—amending a party name and substituting or adding (joinder) of parties

For further details and links to practical content more broadly addressing LA 1980 and associated limitation issues relevant to dispute resolution practitioners, see: Limitation—overview...

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Web page updated on 21/05/2026

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