P&O NEDLLOYD BV v ARAB METALS CO AND OTHERS (THE “UB TIGER”)

[2006] 1 Lloyd's Rep. 111

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Colman

Practice - Limitation of time - Application to amend particulars of claim to plead alternative case based on variation of or addition to original contract of carriage and to claim damages, indemnity, declaratory relief and specific performance - Whether new claims time-barred - Whether six-year limitation period for actions founded on contract applicable by analogy to new claim for specific performance - Whether new claims arose out of substantially the same facts as original claims - Limitation Act 1980, sections 5 and 36(1)(b), CPR 17.4(2).