speranza, helas, left the practice of the half pounder behind.
he invented his lover gruenbaum, nobody knows who that is, and then he is
so retentive.
please speranza, go back to the duchess, the earl, the janitor in oxford
who saw joe banana brush her teeth.
we all miss that
palma, apgs
On Wed, Nov 29, 2017 at 9:10 PM, Redacted sender jlsperanza for DMARC <
dmarc-noreply@xxxxxxxxxxxxx> wrote:
For the record, the use of 'sterile' in the Roberts case, below (in 41 as
applied indeed to "analysis;" in 107 as applied to "topic.")
Cheers,
Speranza
"41. The representative claim is a claim involving a new cause of action,
since the capacity in which Mark Roberts makes the claim is an essential
part of the claim: *Oates v Consolidated Capital Services Pty Ltd* *NSWCA
183* , at [105]. The court has power to allow the amendment because the
new representative claim arises out of the same facts or substantially the
same facts as the existing claim: CPR 17.4(2). Consequently it is not
necessary to burden this discussion with a sterile analysis of the learning
on what constitutes a cause of action. It is sufficient to quote what
Robert Walker LJ said in *Smith v Henniker-Major & Co (A firm)* *Ch 182*
(CA) at [96]."
"107. Reference was made in argument to the well-known definition of
"cause of action" put forward by Diplock LJ in *Letang v Cooper* *1 QB
232* , 242-243. I am conscious that this is (as Lord Collins says) a
sterile topic but I venture to repeat something that I said in a dissenting
judgment in *Smith v Henniker-Major & Co* *Ch 182* , para 95 (just
before the passage quoted by Lord Collins):"I have to say that in the
context of §35 of the Limitation Act I am uneasy about the process of
lifting either of these CLASSIC DEFINITIONS out of the legal lexicon, as it
were, and reading them into the language of §35(5)(a). The notion of 'a
factual situation' which 'arises out of the same facts or substantially the
same facts' as another set of facts is not an easy one to grasp. The other
classic definition referred to was that of Brett J in *Cooke v Gill* *LR
8 CP 107* , 116."
