Defendant Changed Late After Mistake
O’Byrne v Aventis Pasteur MSD Ltd [2007] EWCA Civ 939
CA
9 October 2007
Weekly Law Notes Summary
A party could be substituted under s 35 of the Limitation Act 1980 where the ten-year limitation period for making a claim for damages caused by a defective product had expired, even where the correct party was known to the claimant before the limitation period expired, if the claimant had made a mistake about the name of the defendant and substitution was necessary for the purpose of determining the original action.