The Court of Appeal deferred the applications for leave to appeal and cross-appeal concerning a limitation question arising from amended pleadings until after trial. The Court held that it is undesirable to decide a limitation question in advance of trial except in the clearest of cases, citing Wardley, and that if the amended claim failed at trial the appeals would become moot. The concession that the trial would not be materially lengthened by the amendments weighed against pre-trial determination.
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