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Mercer Limited & Anor v Ballinger & Anor

2014

COURT OF APPEAL (CRIMINAL DIVISION)

United Kingdom

CORAM

  • LORD JUSTICE BRIGGS

Areas of Law

  • Civil Procedure
  • Contract Law
  • Tort Law

AI Generated Summary

The case involves trustees of an occupational pension scheme suing administrators and actuaries for professional negligence concerning actuarial valuation reports (AVRs) prepared between 1993 and 2004. The appeal focuses on whether new claims, introduced after the limitation period had expired, should be allowed. The court held that amendments related to the same facts as those in issue could be permitted, but new claims introducing distinct allegations were not allowed. Key legal principles discussed include the conditions under CPR 17.4 and s.35 of the Limitation Act 1980 for when amendments can be made to claims that are otherwise time-barred.