Parkin v. Alba Proteins Ltd

[2013] EWHC 2740 (QB)

In environmental group litigation (concerning odour nuisance), the Court held that where a claimant who had repeatedly sought confirmation as to the identity of the correct defendant from a company in the same group, had received no reply on that issue from the defendant’s solicitors during a period of almost three years, then that claimant was entitled both to amend its claim to add the correct defendant and to an order for a declaration that the limitation period did not begin to run until the date of receipt of the defence.