Mercer Limited & Anor v Ballinger & Anor

On an application under CPR 17.4(2) to amend so as to add a new cause of action after the expiry of the limitation period, the claimant must show that it is not reasonably arguable that the new claim is time-barred or, if it is, that the new cause of action arises out of the same or substantially the same facts as those already in issue; the burden of showing the absence of a reasonably arguable limitation defence lies on the party seeking to amend.