Roberts v Gill & Co and others [2010] UKSC 22, [2010] All ER (D) 180 (May)
The claimant brought an action against a solicitor regarding allegedly negligent administration of an estate. On appeal the primary question issue was whether an amendment sought by the claimant to his action could be made notwithstanding expiry of the limitation period, pursuant to s 35 of the Limitation Act 1980 (LA 1980) and CPR 19.5 in respect of his personal claim.
In particular, the main question was whether, in order to be able to carry on his claim, the claimant would need not only to alter the claim so that he was suing on behalf of the estate, but also to add the administrator as a defendant. If he did have to add the administrator, a further question arose as to what would have to be added at the time at which he altered his claim or whether he could do so later.
The Supreme Court ruled that CPR 19.5(2)(b) and 19.5(3)(b) (giving effect to s 35(5)(b) and 6(b) of LA 1980) stated that the addition of the administrator was necessary
