The Football Association Premier League Ltd v O'Donovan & Anor

Under the CPR, the court may permit an amendment adding a cause of action arising after proceedings began. The power is discretionary and governed by the overriding objective, rather than an inflexible rule of relation back. Related issues will generally be resolved in one claim, but the court may require a fresh claim where justice, prejudice, limitation or incurable nullity makes that appropriate. An amendment will normally relate back where the added cause of action existed when the claim was issued, subject to conditions imposed by the court. The court may specify the date from which a later-accruing claim takes effect.

The claimant brought copyright infringement proceedings concerning Premier League broadcasts shown at a public house. After issue, it adopted new logos and graphics for the following season, and an amendment to Copyright, Designs and Patents Act 1988 removed a potential defence concerning public showing or playing of a film included in a broadcast.

The claimant applied to lift the stay under CPR 15.11 and to amend its particulars of claim to add claims concerning the new logos and graphics and the copyright in the film of each match. The central issues were whether the stay should be lifted and whether the new causes of action could properly be added by amendment.

1. The applications were granted. The stay under CPR 15.11 was lifted and permission was granted to amend the particulars of claim. The claimant had adequately explained the delay, its amended claim had real prospects of success, and the first defendant had shown no obvious prejudice.
2. CPR 15.11 does not impose an especially heavy burden before a stay is lifted. The court must balance the competing interests, considering the explanation for delay, merits, engagement and prejudice.
3. There is no absolute rule in the CPR or general law preventing an amendment adding a new cause of action. The position differs where the original claim is an incurable nullity or limitation is engaged. In limitation cases, section 35 of the Limitation Act 1980 and CPR 17.4 apply.
4. The CPR encourages resolution of related issues in one claim, but this is discretionary and the overriding objective remains paramount.
5. In non-limitation cases, an added cause of action which existed when the claim was issued will normally relate back. The court may impose conditions and specify a different effective date. Relation back is a rule of thumb, not an inflexible rule, except where given statutory force by section 35 of the Limitation Act 1980.
6. The two new claims arose after issue and were directed to take effect from 13 August 2016, the opening date of the relevant football season.