Weldon v Neal

JurisdictionEngland & Wales
Date1885
Year1885
CourtCourt of Appeal
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241 cases
  • Robinson v Unicos Property Corporation Ltd
    • United Kingdom
    • Court of Appeal
    • 27 February 1962
    ...by amendment when the period of limitation has expired. On the first point the Defendants rely on the well-known wordsof Lord Esher in Weldon v. Neal, 19 Queen's Bench Division, page 394, at page 395, where he said) "We must act on the settled rule of practice, which is that amendments are ......
  • Chatsworth Investments Ltd v Cussins (Contractors) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 17 October 1968
    ...early 1962. So more than six years had elapsed. 5 There used at one time to be a rule of practice (which was laid down by Lord Esher in Weldon v. Neal ( (1887) 19 Q.B.D. 394, at page 395) that amendments should not be allowed if they would prejudice the rights of the, opposite party as exis......
  • CI Civil Aviation Auth v Island Air Ltd
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 3 October 2003
    ...1994–95 CILR 149, referred to. (10) Trill v. Sacher, [1993] 1 W.L.R. 1379; [1993] 1 All E.R. 961, referred to. (11) Weldon v. NealELR(1887), 19 Q.B.D. 394, distinguished. (12) Williams v. Bob Soto”s Diving Ltd., 1992–93 CILR 318, distinguished. (13) Willis v. Earl BeauchampELR(1886), 11 P.D......
  • Braniff v Holland & Hannen and Cubitts (Southern) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 11 June 1969
    ...except in special circumstances, allow amendments that will take away a defence that has arisen under the Statute." 17 He then refers to Weldon v. Neal and he goes on: "They will not add a new cause of action or allow a Plaintiff to substitute a fresh case." After he referred to Marshall v.......
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1 firm's commentaries
  • Construction & Infrastructure - What's News - 19 August 2014
    • Australia
    • Mondaq Australia
    • 24 August 2014
    ...of writ – Abolition – Whether court has a discretion to order that amendment operate from date of amendment – Rule in Weldon v Neal (1887) 19 QBD 394 – Limitation of Actions Act 1958 s 34 – Supreme Court (General Civil Procedure) Rules 2005 r 36.01(6) – Agtrack (NT) Pty Ltd v Hatfield [2003......

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