The cause of action in an action for professional negligence in purchase of land ran from the date of exchange of contracts not completion, and the limitation period was to be calculated accordingly. Judges: Simon Brown, Otton, Schiemann LJJ Citations: Times 08-Jan-1999, Gazette 03-Feb-1999, [1998] EWCA Civ 1939, [1999] 1 WLR 1849, [1999] PNLR 565 … Continue reading Byrne and Byrne v Hall Pain and Foster (a Firm) and others: CA 11 Dec 1998
Bank not liable for fraud of customer The appellant sought to make the bank liable for a fraud committed by the Bank’s customer, the appellant saying that the Bank knew or ought to have known of the fraud. The court was asked whether a party liable only as a dishonest assistant was a trustee, and … Continue reading Williams v Central Bank of Nigeria: SC 19 Feb 2014
The landlord of a block of flats needed vacant possession to pursue redevelopment. The respondent solicitors failed to give the necessary notice in good time, delaying the development by a year. The landlord appellant delayed five years before claiming damages, and now appealed against denial of his claim, arguing that section 11 produced in the … Continue reading Dunlop v McGowans: HL 6 Mar 1980
The claimant bought two airline tickets, but did not use them. Ten years later he requested a refund. Held: Any appeal would be hopeless. Citations: [1996] EWCA Civ 922 Statutes: Limitation Act 1980 5 Jurisdiction: England and Wales Contract, Limitation Updated: 03 November 2022; Ref: scu.140789
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be benign. The patient knew very soon after the operation that the lump … Continue reading Dobbie v Medway Health Authority: CA 11 May 1994
The claimant sought damages saying that he had been abused as a child whilst in the defendant’s care. The defendants appealed a finding that the claimant had not first known of his injury more than three years before begining his action. Held: The same word ‘reasonable’ in sections 14(2) and 14(3) of the 1980 Act … Continue reading Catholic Care (Diocese of Leeds) and Another v Young: CA 14 Nov 2006
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents. Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation and quantum of damages to be dealt with later if necessary. As to limitation, … Continue reading NA v Nottinghamshire County Council: QBD 2 Dec 2014
The defendant appealed a finding of negligence and the associated costs order. Held: The claimant had obtained an order allowing an extension of the limitation period in order to pursue the claim. Whilst the substantial damages award should be left in place, but on the limitation issue, the claimant had failed in several respects, and … Continue reading Kew v Bettamix Ltd and others: CA 14 Nov 2006
The builder replied to a claim in negligence that it was out of time. They had built a concrete base for a kennels. The claimant said that they had not constructed proper foundations, and that he had come to know this only within the limitation period when it began to crack. Judges: Eder J Citations: … Continue reading Eagle v Redlime Ltd: QBD 4 Apr 2011
The defendant had been convicted and sentenced for the attempted rape of the claimant. He had subsequently won a substantial sum on the lottery, and she now sought damages. He replied that the action was statute barred being now 16 years old. The claimant said the decision to deny her claim had interfered with her … Continue reading A v Hoare: QBD 14 Oct 2005
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had … Continue reading Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004
The defendant appealed against a order finding it was liable for the fees claimed by its former solicitors. They had said that the claim for costs was barred by limitation. Held: The defendant’s appeal failed; a solicitor’s claim for his costs, billed but not yet fixed by assessment or agreement, fell within the phrase ‘debt … Continue reading Phillips and Co (A Firm) v Bath Housing Co-Operative Ltd: CA 11 Dec 2012
The claimant had been defrauded by a customer of the defendant bank. He brought a claim against the bank, saying that they knew or ought to have known of the fraudster’s activities, and were liable. The Bank denied that the UK courts had jurisdiction saying in particular that no claim arose because it would be … Continue reading Williams v Central Bank of Nigeria: QBD 8 Apr 2011
The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the claims were defeated by limitation and laches and were an abuse of process because … Continue reading Legal Services Commission v Henthorn: QBD 4 Feb 2011
A claim against an employer for a failure to give advice which might have mitigated personal injury is not itself a claim for personal injuries, and so is subject to the normal three year limitation period. Citations: Times 14-May-1999 Statutes: Limitation Act 1980 11 Jurisdiction: England and Wales Personal Injury, Limitation Updated: 10 May 2022; … Continue reading Gaud v Leeds Health Authority: CA 14 May 1999
Estimates of the real values of houses which had been taken as security for loans were not sufficiently precise to forewarn a lender of the damage resulting from earlier negligent valuations, and accordingly the lender was not fixed with notice by the estimates, and time did not begin to run against them. Citations: Times 11-Oct-1999 … Continue reading Mortgage Corporation v Lambert and Co (A Firm) and Another: ChD 11 Oct 1999
The tenant overpaid rent, including a payment in May 1997 on advice that the payment would be recoverable following litigation establishing that it was an overpayment. The court later held that the payments in question were indeed overpayments. The plaintiff then sought repayment of the sums overpaid (including the payment made in May 1997), on … Continue reading D B Ramsden and Co Ltd v Nurdin and Peacock Plc and Another: ChD 14 Sep 1998
Bank not to recover more than its losses The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to be secured by … Continue reading AIB Group (UK) Plc v Mark Redler and Co Solicitors: SC 5 Nov 2014
The claimant solicitor alleged that the repeated and failed prosecutions of him and the obtaining of search warrants had been an improper attempt to stop him practising. Phillips J [2016] EWHC 2884 (QB) Bailii Limitation Act 1980 32 England and Wales Administrative, Limitation, Torts – Other Updated: 25 January 2022; Ref: scu.571115
UTLC LANDLORD AND TENANT – service charges – application by tenant under section 27A of the Landlord and Tenant Act 1985 for a determination of the service charges payable in respect of periods more than six years prior to the date of application – preliminary decision of LVT finding appellant time barred on basis of … Continue reading Parissis v Blair Court St Johns Wood Management Ltd: UTLC 11 Nov 2014
Appeal from a decision granting the claimant’s application made pursuant to section 32A of the Limitation Act 1980 to disapply the limitation period in his proceedings for libel and dismissing the defendants’ application to strike out the claimant’s claim under CPR rule 3.4(2). Held: The defendant’s appeal succeeded. The judge had incorrectly assessed the reasons … Continue reading Reed Elsevier Uk Ltd (T/A Lexisnexis) and Another v Bewry: CA 30 Oct 2014
‘This appeal is concerned with the words ‘until the plaintiff has discovered the . . concealment . . or could with reasonable diligence have discovered it’ in section 32(1) of the Limitation Act 1980. Specifically, how does that section apply when the defendant deliberately conceals a relevant fact so that (1) it cannot reasonably be … Continue reading OT Computers Ltd v Infineon Technologies Ag and Another: CA 14 Apr 2021
The pursuers had been shareholders in a company which sold spring water. The defenders took shares in the company in return for promises as to the promotion and distribution of the bottled water. The pursuers said that they had failed to promote it in the way promised. The company failed. At first instance the judge … Continue reading Hamilton and others v Allied Domecq Plc (Scotland): HL 11 Jul 2007
The claimant appealed against rejection of his claim for personal injury which had been rejected on basis that it was out of time. He had contracted cancer in 2002, but had recovered. He later came to attribute this to exposure to asbestos at work in the docks up to 1967. He made his claim in … Continue reading Collins v Secretary of State for Business Innovation and Skills and Others: CA 23 May 2014
The plaintiff’s writ had not been served within the required time, and it had become too late to extend its validity. The plaintiff isued a second writ. The defendant argued limitation. Counsel for the plaintiffs sought to distinguish Walkley on the very narrow ground that there was no question of the first action having being … Continue reading Chappell v Cooper: CA 1980
The court was asked ‘when an innocent vendor whose signature is forged on the documents for the conveyance of land suffers damage, for the purposes of limitation of an action arising from a solicitor’s breach of duty. Is it on the exchange of contracts, in which case the present claim is said to be time … Continue reading Bowling and Co Solicitors v Edehomo: ChD 2 Mar 2011
The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the 2002 Order. That Order was now said to be ineffective. Held: … Continue reading Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014
The respondent Ministry had, in 1958, conducted experimental atmospheric explosions of atomic weapons. The claimants had been obliged as servicemen to observe the explosions, and appealed against dismissal of their claims for radiation sickness under the 1980 Act. They said that they had only acquired the knowledge to found an action in 2007 on the … Continue reading Ministry of Defence v AB and Others: SC 14 Mar 2012
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The claimant was the registered owner of a leasehold flat, allowing the defendant to live in the flat while he was out abroad. The defendant first re-mortgaged the property in the claimant’s name, forging the claimant’s signature on the mortgage deed, and then, on 2 April 2001, sold the flat to himself, posing as the … Continue reading Nouri v Marvi and Others: CA 14 Oct 2010
Implied promise to pay arbitral award The parties disputed how limitation affects the enforcement of an arbitration award. More than six years had passed since the award had been made, and the defendant said it was out of time. Held: A party can enforce an award either by ordinary action as an action founded upon … Continue reading National Ability Sa v Tinna Oils and Chemicals Ltd: CA 11 Dec 2009
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
The claimant sought to have disapplied the limitation period in his defamation claim. The claimant said that in the case of Cain, the Steedman case had not been cited, and that the decisions were incompatible, and that Cain was to be prefered. Held: The appeal failed. The two cases could be reconciled. Considerations in defamation … Continue reading Brady v Norman: CA 9 Feb 2011
The claimant sought to have struck out as abuse of process parts of the defence, saying that the factual issues raised had already been resolved in arbitration proceedings, but as against a different oarty. The defendant replied that the arbitration had been confidential to the parties to it. Held: The application was refused. Independently of … Continue reading OMV Petrom Sa v Glencore International Ag: ComC 7 Feb 2014
The claimant sought damages after an explosion at the defender’s nearby premises damaged its shop. The defender said that the claim was out of time, and now appealed against a decision that time had not begun to run under the 1973 Act. Held: (Lord Hodge and Lord Toulson dissenting) The appeal was allowed. The natural … Continue reading David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others: SC 30 Jul 2014
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. The claimant asserted that their claim was an intellectual property claim, allowing section 72 … Continue reading Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011
The court heard preliminary applications in a case asserting acquisition of land by adverse possession, the land being parts of the foreshore of the Severn Estuary.
Held: A person may acquire title to part of the bed of a tidal river by . .
The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .
Extra Division – Inner House – An explosion at the defenders’ neighbouring premises had damaged those of the pursuer. The defenders now appealed against a finding that the claim was out of time calculated from the time when it had sufficient . .
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The plaintiff sought damages for the negligence of the respondent in her care at birth. Years later the family concluded that her condition was a result of negligence. They waited until she was 21, when they mistakenly believed that she became an adult, and made a claim. Held: The defendant’s appeal succeeded. The court had … Continue reading O’Driscoll v Dudley Health Authority: CA 30 Apr 1998
The claimant said that he had been exposed him to excessive noise during the course of his employment, causing his deafness. He noticed his hearing problems in 2001. He was also aware that exposure to noise could cause hearing loss, but did not associate his own hearing problems with exposure to noise in earlier years. … Continue reading Johnson v Ministry of Defence and Another: CA 21 Nov 2012
The plaintiff appealed a finding that she had sufficient knowledge of her possible claim for medical negligence against the defendants, and that she was out of time. She had known of her condition, but said she had no sufficient reason to see that it might have arisen from the negligence now found. Held: The court … Continue reading Smith v Leicestershire Health Authority: CA 29 Jan 1998
The authority appealed an order that the claimants could proceed with claims for damages for child abuse said to have been suffered in care in 1970. Judges: May LJ, Keene LJ, Smith LJ Citations: [2008] EWCA Civ 783 Links: Bailii Statutes: Limitation Act 1980 11 14 Jurisdiction: England and Wales Limitation, Torts – Other Updated: … Continue reading A (Historic Child Abuse) v Wirral Metropolitan Borough Council: CA 4 Jul 2008
The Police appealed from a finding that the claim brought by a former constable was not out of time. He had worked under cover making drugs purchases, and had become addicted to heroin. Held: The appeal failed. Judges: Sir Terence Etherton MR Citations: [2017] EWCA Civ 1992, [2018] 4 WLR 32, [2017] WLR(D) 818 Links: … Continue reading Greater Manchester Police v Carroll: CA 1 Dec 2017
Limitation operates as a defence, and therefore it is for he who sets it up to establish it, and prove that the claim was time barred. Once the initial limitation period had elapsed, it was for the plaintiff to assert that the date of knowledge . .
The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded. Held: Strike out on the basis that the claim was bound to fail was refused. Nor was the claim bound to fail … Continue reading Siddiqui v University of Oxford: QBD 5 Dec 2016
The plaintiff issued proceedings against her father and mother, alleging physical and sexual abuse against her father and want of parental care against her mother. The claim against the father was in trespass, but that against her mother was in negligence. Held: The claim against the father was governed by the six years limitation period, … Continue reading Seymour v Williams: CA 1995
Members of Lloyd’s who faced re-insurance underwriting liabilities alleged negligence on the part of the active underwriter, their members’ agents and their syndicates’ managing agents. Limitation defences were raised. Held: Mere knowledge of the damage of which complaint is later made, is not sufficient to start time running. Hoffmann LJ emphasised the statutory words ‘attributable … Continue reading Hallam-Eames and Others v Merrett Syndicates Ltd and Others: CA 25 Jan 1995
The plaintiff loaned money on the basis of a negligent survey by the defendant. The borrower subsequently defaulted, and the lender issued a writ. The defendant said that the claim was time barred. Held: The court allowed the plaintiff’s appeal. A cause of action against surveyor arose only when the loss was sustained and crystalised, … Continue reading First National Comercial Bank plc v Humberts: CA 27 Jan 1995
The claimant was seriously ill and claimed that this arose from exposure to asbestos fibres working for the defendant many years before. He now sought an extension of time to make the claim. Held: The court upheld the limitation defences of both defendants and dismissed the action: i) The claimant did not have actual knowledge … Continue reading Collins v Secretary of State for Business Innovation and Skills: QBD 2 May 2013
An administrator de son tort, who was also a beneficiary, held the estate property on trust, and so could not establish adverse possession against the estate during the period of trusteeship. He held a sufficient interest in the assets already. A delay in the application for the grant did not apply where time had not … Continue reading Earnshaw and Others v Hartley: CA 31 Mar 1999
The plaintiff’s car was struck by a company car driven by the defendant in the course of her employment and she sought damages. Her action, against the employer, was struck out as late under the 1980 Act. She then commenced an action against the driver defendant. Held: The plaintiff was allowed to seek the exercise … Continue reading Shapland v Palmer: CA 23 Mar 1999
The plaintiff was treated for depression by the defendant by prescription of drugs. She sufferred a reaction, but now claimed that the doctor’s slow reaction caused her to suffer lasting injury. The question on appeal was, if a plaintiff suffers injuries some of which the plaintiff knows to be attributable to the act or omission … Continue reading Roberts vWinbow (3): CA 4 Dec 1998
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
The claimants appealed from rejection of their claims for losses saying that such losses had been caused by their solicitors in failing properly to identify the tenant and the relevant lease when issuing notices to quit. The solicitors argued that the losses occurred when the defective notices were served, and by that date, the claims … Continue reading Gordon and Others (Trustees of The Inter Vivos Trust) v Campbell Riddell Breeze Paterson Llp: SC 15 Nov 2017
Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998
The court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants. Held: The test to be applied under section 14(2) was ‘partly subjective’and ‘section 14(2) was designed principally to provide for cases of late diagnosis … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 10 Jun 2003
The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel. Held: A typed signature on a fax was capable … Continue reading Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003
The plaintiff sought damages for deafness following exposure to excessive noise during his employment with the first and second defendants some 20 to 35 years previously. He issued his writ six years after the date of knowledge under LA section 14 and therefore three years after expiry of the limitation period. The judge had declined … Continue reading Price v United Engineering Steels Limited; J J Habershon and Sons Limited: CA 12 Dec 1997
Citations: [1996] EWCA Civ 1132, [1997] 2 All ER 395 Jurisdiction: England and Wales Citing: Cited – Walkley v Precision Forgings Ltd HL 1979 The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, … Continue reading Forward v Hendricks: CA 6 Dec 1996
The plaintiffs had discovered that the defendant surveyors had negligently failed to observe that there was dry rot but did not start proceedings until other negligence was discovered more than six years later. Held: Although the negligent survey had led to two heads of loss there was only one cause of action. Since the plaintiffs … Continue reading Hamlin and Another v Edwin Evans (A Firm): CA 15 Jul 1996
The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His widow sought to pursue an action, but it was claimed that this was out of time. … Continue reading Barry Young (Deceased) v Western Power Distribution (South West) Plc: CA 18 Jul 2003
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time. Held: The discretion given was to act as the tribunal thought just and equitable. There was no … Continue reading Afolabi v Southwark London Borough Council: CA 24 Jan 2003
Appeal against finding that a local authority was not responsible for the sexual abuse of the appellant whilst with foster carers as a child. Held: As to whether the duty as non-delegable, such a duty must relate to a function which the local authority had assumed a duty to perform. Fostering was not a function … Continue reading NA v Nottinghamshire County Council: CA 12 Nov 2015
The claimant’s bungalow suffered subsidence. Repair works were undertaken as advised by the defendants, but unsuccessfully. The claimant’s insurers instructed experts negotiators to investigate with a view to a claim. The defendants now claimed the action was out of time, since the knowledge of the defects acquired by the loss adjusters was to be imputed … Continue reading Graham v Entec Europe Ltd (T/A Exploration Associates): CA 6 Aug 2003
The claimant had undergone heart surgery as an infant in 1976, and claimed damages for professional negligence. The procedure involved a dangerous procedure, a resection of coarctation. As a consequence, the Claimant suffered a number of problems associated with neurological deficit and partial paraplegia. Held: As to limitation, the knowledge required to satisfy s.14(1)(b) is … Continue reading Mirza v Birmingham Health Authority: QBD 31 Jul 2001
The court was asked whether, when a claim was issued towards the very end of a limitation period, but was then not served, and the claim was struck out, CPR Part 7.5(1) gave a further four months in which it could be resurrected at the discretion of a judge under section 33 of the 1980 … Continue reading Aktas v Adepta: CA 22 Oct 2010
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017
Whether the cause of action for the outstanding sums accrued when D first defaulted in his payments or only when D failed to comply with the default notice stipulated by CCA s.87(1) and required by clause 8f of the Agreement. D appealed from a finding against him. Held: The appeal failed. ‘The effect of the … Continue reading Doyle v PRA Group (UK) Ltd: CA 23 Jan 2019
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability? Held: The appeal succeeded (Lord Hughes dissenting). … Continue reading Armes v Nottinghamshire County Council: SC 18 Oct 2017
The court considered whether a solicitor acting for a potential plaintiff was considered to be an expert for the purposes of the section. Held: Purchas LJ said: ‘Of course as advice from a solicitor as to the legal consequences of the act or omission is not relevant his contribution can only consist of factual information. … Continue reading Nash v Eli Lilly and Co: CA 1993
JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She asserted that his retention in care was an unlawful detention. Judges: Munby … Continue reading Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006
The claimant alleged that he had been defrauded and accused the appellant of involvement in the fraud. The Bank appealed against a finding that the claim against it was not time limited. Held: The appeal failed. The action was by a beneficiary under a trust and had been brought in respect of a fraudulent breach … Continue reading Central Bank of Nigeria v Williams: CA 3 Apr 2012
The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who had carried out the test. The third party said that the claim was out of … Continue reading Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006
The plaintiff, then a 16 year old girl slipped and fell whilst employed at the defendant’s factory. The limitation period expired on her 21st birthday. She commenced proceedings five and a half months after that date. The judge extended time under LA section 33, holding that he could only consider prejudice suffered by the defendant … Continue reading Donovan v Gwentoys Ltd: HL 1990
The defendant appealed a decision allowing a claim to proceed more than ten years after it had been suffered. The claimant’s hearing had been damaged after an officer threw a thunderflash into his trench on an exercise. Held: The defendant’s appeal was allowed. ‘If a claimant can bring himself within section 11(4)(b), then he can … Continue reading McCoubrey v Ministry of Defence: CA 24 Jan 2007
The parties had been involved in investing in an airline to secure its future, but it was now said that one party had broken the shareholders’ or voting agreement in not allowing further investments on a pari passu basis. The defendants argued that the claim was out of time unless the claimant could bring the … Continue reading Halton International Inc Another v Guernroy Ltd: CA 27 Jun 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
Parties had entered into a shareholders’ agreement as to voting arrengemets within a company. Thay disputed whether votes had been used in reach of that agreement, particularly as to the issue of new shares and their allotment, but the court now considered whether the claim was out of time. That issue depended upon whether a … Continue reading Halton International Inc (Holding) and Another v Guernroy Ltd: ChD 9 Sep 2005
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006
The defendant sought damages against the defendant for personal injury from his alleged negligence. Her action was struck out and she recommenced the action. The defendant pleaded that she was out of time. The claimant said that the first action having been struck out, the judge retained his discretion to disapply the limitation period, following … Continue reading Jacqueline Adam v Rasal Ali: CA 21 Feb 2006
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005
The claimant sought to counter a defence that his claim was out of time, saying that he had been misinformed as to the name of his employer. Held: A person could not sue simply ‘his employer’. He must find a name, particularly as against a limited company, to begin his action. The claimant had been … Continue reading Cressey v E Timm and Son Ltd and E Timm and Son Holding Ltd: CA 24 Jun 2005
The court considered a claim for the adverse possesion of land. Held: Dyson LJ said: ‘to establish a claim of adverse possession for the requisite period of 12 years it is necessary to establish: (1) actual possession; (2) an intention to possess. That has two elements. First a subjective element requiring the person, the trespasser, … Continue reading Inglewood Investments Company Ltd v Baker: CA 8 Nov 2002
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
The court was asked how to set the time at which the claimant became fixed with knowledge of her injury. They ‘found it unnecessary to attempt any final reconciliation, because ‘on any sort of objective approach’ the claimant should have made inquiries long before she did. ‘ Judges: Simon Brown LJ, Robert Walker LJ and … Continue reading Fenech v East London and City Health Authority: CA 2000
The claimants had issued defamation proceedings. The defendant said they were out of time, having begun the action more than one year after the alleged publication, but accepted that they had not been prejudiced in their defence. The court refused to extend the period. The lack of prejudice to the defendant was not in itself … Continue reading Steedman, Clohosy, Smith, Kiernan, Newman, Creevy, Anderson v The British Broadcasting Corporation: CA 23 Oct 2001
The claimant appealed against a finding that having once already issued a claim, a second claim was out of time, not accepting that she had had the knowledge effective to commence the limitation period. Held: Judge LJ had ‘difficulty in perceiving how in any case where a claimant has sought advice and taken proceedings, it … Continue reading Sniezek v Bundy (Letchworth) Limited: CA 7 Jul 2000
Although a claim for breach of fiduciary duty, as a claim in equity, was not subject to the same limitation periods imposed by the Act as claims in tort or contract, a court exercising an equitable jurisdiction should apply similar periods under the equitable principle of acquiescence. A six year limitation period should be applied … Continue reading Companhia De Seguros Imperio v Heath (REBX) Ltd and Others: CA 20 Jul 2000
The council entered upon land belonging to the company in accordance with the compulsory purchase procedures in 1982, but the company did not bring its claim for compensation until 1992. The council said the were out of time. Held: Section 9 applies to claims for compensation for compulsory purchase. The mere fact that a party … Continue reading London Borough of Hillingdon v ARC Limited (No 2): CA 16 Jun 2000
Where a personal injury action had been delayed for five years by bad advice from solicitors and counsel, the court’s discretion should be exercised to allow the plaintiff to proceed with her claim, not herself being responsible for the delay.Sir Christopher Staughton (referring to Whitfield v Durham) said: ‘If that passage means that as a … Continue reading Das v Ganju: CA 31 Mar 1999
Citations: [1998] EWCA Civ 1000 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – McDonnell and Another v Walker CA 24-Nov-2009 The defendant appealed against the disapplication of section 11 of the 1980 Act under section 33. Held: The appeal succeeded. The defendant had not contributed significantly to the delay: ‘the defendant received claims … Continue reading A B and others v Liverpool City Council; Nugent Care Society (Formerly Catholic Social Services [Liverpool]) and Trustees of National Children’s Home and Orphanage Registered: CA 15 Jun 1998
The company sought compensation for land taken under compulsory purchase powers by the defendants several years before. It now appealed against the defeat of its claim as time-barred. Held: The appeal failed. The limitation period for a claim for a compensation payment runs from the date of the entry into possession of the land by … Continue reading London Borough of Hillingdon v ARC Limited: CA 7 Apr 1998
Appeal from a judgment that the claim for damages for industrial disease, commenced by the respondent against the appellants had been brought by the respondent within three years of his date of knowledge for the purposes of section 11(4) and section 14 of the Limitation Act 1980, and that, in any event, he would override … Continue reading Parsons v Warren and Another: CA 31 Jan 2002
The defendant had in 1993 obtained legal aid. Work was done but the certificate was then revoked. The Commission sought repayment of the sums paid on account to his solicitors. He replied that the claim was out of time. The Commission argued that time did not run until the sum was fixed. Held: The Commission’s … Continue reading Legal Services Commission v Rasool: CA 5 Mar 2008
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012
The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors. Held: To have such orders set … Continue reading Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006
