A B & OTHERS V LIVERPOOL CITY COUNCIL, THE NUGENT CARE SOCIETY, TRUSTEES OF THE NATIONAL CHILDREN’S HOME AND ORPHANAGE REGISTERED [1998] EWCA Civ 1000
The Claimants were bringing claims for sexual and physical abuse, alleged to have been suffered by residents at a number of children’s homes in the North West of England. Proceedings were issued on the 31st January 1997 naming the Claimants as “A B and Others.” On the 30th July 1997 an application was made to strike out the claims as nullities on the basis that the claims had been issued in the names of non-existent Claimants. Mr Justice Forbes refused to strike out the claims, and said that the irregularity might be cured by amendment. The Claimants’ solicitor then applied to amend the claims. The practical effect of the amendments was to fix the date when the proceedings began for limitation purposes and perhaps for other purposes as 31st January 1997.
​ ​Full report here.

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