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“Kyriaki” Bank Of America National Trust And Savings Association –v- Chrismas And Others

31st Jul 1992

[1994] 1 All ER 401; [1993] 1 Lloyd’s Rep. 137

Alistair Schaff – Practice – Limitation of time – Jurisdiction -Amendment to writ – Writ amended to substitute new defendant for defendant named in writ – Whether amendment made in time – Whether Court had jurisdiction to make ex parte order extending time for effecting amendment – Whether plaintiffs had purported to begin proceedings by serving defective writ – Limitation Act, 1980, s. 35 – R.S.C., O. 2, r. 1, O. 15, rr. 6, 8.

Insurance (Marine) – Notice of abandonment – Vessel a constructive total loss – Notice of abandonment given but rejected by insurers – Whether cause of action arose on date of casualty or date of NOA – Whether NOA an essential ingredient of cause of action – Marine Insurance Act, 1906 ss. 56, 57, 60, 61, 62.

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