When allowing amendments to pleadings where limitation issues remain arguable, the court should not make an unconditional order that would engage the relation back rule and effectively override the Limitation Act; the order should be conditional upon the amendments taking effect only from the date they were made. New causes of action arising out of different facts to those originally pleaded are statute-barred and cannot be saved by O 21 r 5(5) merely because they allege breaches of the same contract. Claims that fall outside the scope of an assignment deed cannot be maintained by the assignee, regardless of how the claims are characterised.
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