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Inc v Efacec Engenharia e Sistemas S.A.

[2021] EWHC 914 (TCC)
JurisdictionUnited Kingdom
CourtHigh Court (Queen's Bench Division, Technology and Construction Court)
Year2021
StatusPersuasive authority

Key Principle

Applying the 'Mastercard basis', the court may permit amendments that might be statute-barred to take effect from the date of the application to amend, thereby preserving the defendant's limitation defence and avoiding both the relation-back principle and the need to issue fresh proceedings that would have to be consolidated with the existing action.

Area of Law

General

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