Since 2012, the Hong Kong courts have conventionally dismissed any joinder application involving an arguable limitation defence, in order to avoid depriving the defendant of a limitation defence which would be lost as a result of the operation of the relation-back doctrine under section 35(1) of the Limitation Ordinance (Cap. 347) (

[2025] HKCA 807, the Court of Appeal had occasion to consider for the first time whether joinder could be ordered on the basis that the relation-back doctrine would be disapplied.

The case concerned an application by the Plaintiffs to join the 12

 Defendant to the existing proceedings. The 12

 Defendant contended that the Plaintiffs’ claim against him was time-barred. Notwithstanding that the 12

 Defendant had an arguable limitation defence, the Plaintiffs argued that leave should be granted on the basis that the relation-back doctrine would be disapplied, which would avoid any injustice to the 12

After reviewing the recent English authorities on this issue, the Court of Appeal allowed the Plaintiffs’ application. The key findings can be summarised as follows:

This is an important and welcome decision. It makes clear that where limitation issues are raised in amendment and joinder applications, the courts can manage such applications flexibly and with care, including by disapplying the relation-back doctrine so as to avoid any prejudice to defendants.

, instructed by Norton Rose Fulbright, acted for the Plaintiffs.

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Relation-Back Doctrine Disapplied: Court of Appeal Endorses New Approach to Joinder and Amendments Involving an Arguable Limitation Defence

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