“…on where the claimant alleges that the new claim arises out of the facts put in issue by the defendant in his or her defence. The leading case is Goode v Martin[2001] EWCA Civ 1899; [2002] 1 WLR 1828. There the claimant sustained severe head injuries whilst sailing as a guest on the defendant’s yacht. In consequence she had no memory of h…”
“…Quite apart from that, there is Court of Appeal authority that the words “are already in issue on” are to be read into CPR 17.4(2): see Goode v Martin [2001] EWCA Civ 1899. In that case the claimant had suffered a head injury in an accident on the defendant’s yacht and had no memory herself of the circumstances of the accident bu…”
“…ted so as to comply with article 6 of the European Convention on Human Rights (right to a fair hearing). I refer to the judgment of Brooke LJ in Goode v Martin [2001] EWCA Civ 1899, [2002] 1 WLR 1828 para 35. In my view, it is necessary to have both article 6 and the overriding objective in mind when interpreting and applying the phrase “…”